Court : Chennai
Reported in : [1976]104ITR414(Mad)
..... , but time was granteduntil august 15. on august 26, a provisional return, as it is called, was made and an order followed on that basis under section 18 of the agricultural income-tax act on september 6, 1974. another return containing, as we are told, correct particulars was filed on october 29, 1974, accompanied by a request for a revised order of assessment, also ..... the seller in the state, the portion of the income worked out under the indian income-tax act and left unassessed as being agricultural shall be assessed under the act after allowing such deductions under the act and the rules made thereunder. the second proviso to this rule says that, if the income for the purpose of the indian income-tax act has not been determined before the filing of return .....
Tag this Judgment!Court : Chennai
Reported in : [1972]84ITR643(Mad)
..... prevail eventually with the tribunal, in our opinion, quite rightly.2. we agree that no deduction under the agricultural income-tax act is contemplated as under section 80-i of the income-tax act. under the constitution ' agricultural income ' has been defined by article 366 to mean agricultural income as defined in the income-tax act and any variation to that definition by the state legislature will have to receive the consent of the ..... that he deducted 8 per cent. to arrive at the net income chargeable to tax under the provisions of the income-tax act. the agricultural income-tax officer proceeded on the basis that 60 per cent. of rs. 39,24,434 represented agricultural income chargeable to tax under the provisions of the agricultural income-tax act after negativing the contention of the assessee that agricultural income should be taken to be 60 per cent. of rs. 39 .....
Tag this Judgment!Court : Chennai
Reported in : [1964]52ITR471(Mad)
..... should for that reason be dismissed.i am of opinion that the assessments in the two cases cannot be supported. section 16 of the madras agricultural income-tax act provides for making returns of income. every person who held land in excess of the exempted extent is required under sub-section (1) to furnish a return before the 1st ..... no return was submitted, presumably on the ground that there is no assessable income from the property. it appears that the agricultural income-tax officer issued a notice to one mohammad ibrahim rowther as the guardian of the minor under section 16(2) of the agricultural income-tax act. this notice was served by affixture and as no return was filed, ..... the officer made under section 17(4) of the act best of judgment assessments, and the taxes held to be due from the petitioner for the two years were fixed at .....
Tag this Judgment!Court : Chennai
Reported in : [1986]61STC1(Mad)
..... agricultural income-tax act, 1938, reads as follows : 'if for any reason any agricultural income chargeable ............. escaped assessment for any financial year or has been assessed it too low a rate, the agricultural income-tax officer may, at any time within one year of the end of that financial year, serve on ..... a notice, and a reasonable opportunity being given to show cause against such assessment. the words 'for any reason' are words of wide import. similar terminology appears in the bihar agricultural income-tax act which fell for consideration before the supreme court in maharajadhiraj sir kameshwar singh v. the state of bihar : [1959]37itr388(sc) . section 26 of the bihar .....
Tag this Judgment!Court : Chennai
Reported in : [1969]24STC459(Mad)
..... an earlier assessment under the agricultural income-tax act had been made and confirmed. later on the same agricultural income-tax officer reinterpreted the terms of a lease deed relied upon on the earlier occasion and came to the conclusion that the rent under that lease deed ..... this court. in maharajadhiraj sir kameshwar singh v. state of bihar : [1959]37itr388(sc) the supreme court had to consider section 26 of the bihar agricultural income-tax act which contains a clause 'if for any reason any agricultural income...has escaped assessment for any financial year or' etc., etc., and is therefore in pari materia with the clause in rule 5(7). in that case .....
Tag this Judgment!Court : Chennai
Reported in : (1991)101MLJ1
..... m.l.j. 35 : 94 l.w. 278, which observed in relation to the above said act that the possession of an extensive coconut thope would involve assessment under the agricultural income-tax act and that hence once the creditor proves the said possession, the onus shifts to the debtor to prove ..... that he does not come under the above said proviso (a) in the definition of 'agriculturist'. based on the above observation, the learned counsel for the appellant contended that the abovesaid proviso would apply even where the debtor was assessed to agricultural income-tax ..... be deemed to be an agriculturist. but, the above said proviso speaks of only income-tax under the income-tax act of 1961 or under the income-tax law in force in any foreign country. it does not speak of agricultural income-tax at all. therefore, this contention of the learned counsel for the appellant also has .....
Tag this Judgment!Court : Chennai
Reported in : (1979)2MLJ506
..... one other case referred to by mr. o. v. baluswami is the one reported in mariam aysha v. commissioner of agricultural income-tax : [1976]104itr381(mad) . that also arose under the madras agricultural income-tax act, 1955.the assessee, after settlement of certain properties on her and her minor children by her husband filed separate applications for ..... would not ipso facto constitute them as an association of individuals within the special meaning given to that term for the purpose of assessment under the agricultural income-tax act, and, on the facts, the tribunal was right in holding that the beneficiaries could not be assessed as 'an association of individuals'.though the ..... properties of the various kattalais, all the properties cannot be clubbed together in its hands and assessed as such to urban land tax. a similar situation arose under the madras agricultural income-tax act, 1955 for consideration by a bench of this court in state of madras v. pattammal (1966) 62 i.t.r. 185 .....
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Reported in : [2002]127STC73(Mad)
..... decision relied on by the learned counsel for the petitioner is consolidated coffee ltd. vs. agricultura income tax officer, madikeri and others reported in (2001) 1 s.c.c. 278 wherein section 42(1) of the karnataka agricultural income tax act, which provides for levying of penalty for belated payment has been considered and the supreme court ..... distinguished the penalty from the interest and held thus:'section 41 contemplates the payment of interest when an assessee seeks time for payment of the tax due. a provision in regard ..... his contention:'(1) kanoria chemicals and industries ltd. and others u.p.state electricity board and others reported in (2)consolidated coffee ltd. vs. agricultura income tax officer, madikeri and others reported in (2001) 1 s.c.c. 278 (3) food corporation of india vs . state of haryana and another reported in .....
Tag this Judgment!Court : Chennai
Reported in : [1999]240ITR771(Mad)
..... being one relating to the assessment years 1981-82 and 1983-84 by which the assessee's claim for exemption under section 4(b) of the tamil nadu agricultural income-tax act, was rejected by the tribunal. the tribunal held that it appeared to it that the properties are not held in trust by the assessee. that constituted the ..... the authorities below. if the assessee is a trust, any agricultural income derived from the property held under trust wholly or partly for charities or religious purposes would be exempted to the same extent to which it is not included in the total income for the purposes of the income-tax act, 1961. 3. learned counsel for the assessee submitted that ..... in the order of the assistant commissioner as a trust. the assistant commissioner declined to grant relief to the assessee on the ground that the income of the trust is liable to tax 'according to the principles in force'. that was the only reason given by the appellate authority for denying the exemption. it was not .....
Tag this Judgment!Court : Chennai
Reported in : (1991)92CTR(Mad)242; [1991]188ITR262(Mad)
..... other public authority is to be deducted in ascertaining the expenditure which is to be considered for purposes of allowance. the scheme of the agricultural income-tax act is to bring to tax the agricultural income which is defined in section 2(1) (a) and which means, inter alia, rent or revenue derived from land which is and ..... : [1987]168itr63(ker) , has also taken a view that the subsidies received from the rubber board cannot be included in the taxable income under the provisions of the kerala agricultural income-tax act. apart from placing reliance on the above decision, he also took us through the relevant clauses of the scheme relating to subsidy granted the ..... 1974]96itr165(mad) , a division bench of this court, while considering the scope and extent of section 5(e) of the act, held as follows (headnote) : 'section 5(e) of the madras agricultural income-tax act, 1955, is in the nature of a residuary clause and would take in not only the expenditure incurred for the purpose of .....
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