Court : Guwahati
..... act authorising the agricultural income-tax officer to disregard the computation of tea income made by the central income-tax authority acting under the central income-tax act and that the agricultural income-tax officer in making the assessment of agricultural income was bound to accept the computation of tea income already made by the central income-tax authority. in the said case, the supreme court, however, observed that under some acts and rules including the assam agricultural income-tax act and rules, the agricultural income-tax .....
Tag this Judgment!Court : Guwahati
..... a case under the kerala agricultural income-tax act, which follows closely the provisions of the assam act. in that case, kerala state's power to tax income from tea to agricultural income-tax is limited to taking 60% of the income computed for the purpose of the indian income-tax act as if it were income derived from business, was questioned on the ground that the provisions of the kerala agricultural income-tax act, 1950, as amended by ..... as tea in the market. the petitioners were charged to income-tax on the forty per cent. of the income and to agricultural income-tax under the assam agricultural income-tax act, 1939 (act ix of 1939) (hereinafter referred to as 'the assam act'), in respect of the balance of income of sixty per cent. under rule 24 of the rules framed under the indian income-tax act, 1922, read with the provisions of the assam .....
Tag this Judgment!Court : Guwahati
..... regarded as agricultural income liable to be taxed under the assam agricultural income-tax act, 1939. rule 5 of the assa-m agricultural income-tax rules, 1939, according to dr. saraf lays down that in respect of the agricultural income from tea grown and manufactured by the seller in the state of assam, the portion of net income worked out under the income-tax act and left unassessed being agricultural income shall be assessed under the assam agricultural income-tax act, 1939 ..... . it also provides that while assessing such income under the agricultural income-tax act, 1939, deduction should be allowed for the expenditure allowable under the state act and the rules made thereunder so far they have not been allowed .....
Tag this Judgment!Court : Guwahati
..... be liable to agricultural income-tax.'9. under the statutory scheme as laid down in the income-tax act, 1961, vis-a-vis, the agricultural income-tax act of 1939, the agricultural income-tax officer in computing the agricultural income or making assessment of agricultural income under the act, 1939, is under an obligation to accept the assessment of the income which has already been made by the central income-tax authorities under rule 8 of the income-tax rules, 1962. income from sale ..... of tea grown and manufactured by the seller is derived partly from business and partly from agriculture. the income has .....
Tag this Judgment!Court : Guwahati
..... income coming; within the definition of agricultural income as defined under the assam agricultural income tax act which alone is the point for our decision. 14. the indian income-tax act bears no analogy to the assam agricultural income-tax act--and the income assessable under the income-tax is not the same as is liable to be taxed under the assam agricultural income-tax act; rather the one is exclusive of theother and the agricultural income is not assessable under the income-tax act. under the income-tax act .....
Tag this Judgment!Court : Guwahati
..... this application under article 226 of the constitution of india the petitioner has challenged the orders of assessment dated may 27, 1971, passed by the agricultural income-tax officer, assam, gauhati, under section 20(4) of the assam agricultural income-tax act, 1939, for the assessment years 1959-60, 1960-61 and 1961-62, and the demand notices issued and the recovery proceedings started in pursuance thereof ..... have not been allowed under the indian income-tax act, in computing the net income from the entire operation :provided that the computation made by the indian income-tax officer shall ordinarily be accepted by the assam agricultural income-tax officer who may, for his satisfaction under section 20 of the assam agricultural income-tax act, obtain further details from the assessee or from the indian income-tax officer, but shall not without the previous .....
Tag this Judgment!Court : Guwahati
..... , that is to say- (1) 'agricultural income' means agricultural income as denned for thepurposes of the enactments relating to indian income-tax.' thus, it is found that 60 per cent. of the tax determined under the income-tax act is to be treated as agricultural income-tax from which allowable deductions are to be made.10. in the form of the return to be submitted under the agricultural income-tax act, column 3 of schedule c is ..... this application under article 226 of the constitution of india the petitioner has challenged the orders of assessment dated may 27, 1971, passed by the agricultural income-tax officer, assam, gauhati, under section 20(4) of the assam agricultural income-tax act, 1939, for the assessment years 1959-60, 1960-61 and 1961-62, and the demand notices issued and the recovery proceedings started in pursuance thereof .....
Tag this Judgment!Court : Guwahati
..... following questions of law have been referred to this court under section 28 (2) of the assam agricultural income-tax act, 1939 (assam act ix of 1939), hereinafter called "the act" :"(1) whether under the provisions of the assam agricultural income-tax act, 1939, the tax is paid by a company on behalf of its shareholders ?(2) whether the shareholder of a company ..... is in very wide terms and, in our opinion, has to be answered in the negative. under the provisions of the assam agricultural income-tax act, it cannot be said that the tax paid by the company is on behalf of its shareholders.dr. medhi, the learned counsel for the petitioner, has contended that even ..... shareholders irrespective of the fact whether he was chargeable to agricultural income-tax under the act or not. there are two-fold answers to this contention. firstly, the opening words of section 4 make it subject to any provision made elsewhere in the agricultural income-tax act, thus if any provision is made otherwise in rule 25a .....
Tag this Judgment!Court : Guwahati
..... than a process of the nature described in subclause (ii);....."the agricultural income-tax act defines "agricultural income" substantially in the same terms, except for the numbering of the clauses.clause (c) of section 2(1) of the income-tax act is not included in the definition of "agricultural income" in the agricultural income-tax act, and an explanation has been added in regard to agricultural income derived from cultivation of tea. it would be obvious from ..... given in an advisory capacity in a reference (or references) under the assam agricultural income-tax act.the only relevant objection is, whether the parties will be subjected to double taxation for the same income - once as agricultural income-tax and for the second time as income-tax under the indian income-tax act. mr. iyengar for the commissioner of income-tax, assam, so far i under-stood him to say, assured us that there .....
Tag this Judgment!Court : Guwahati
..... question referred for answer in that case was (page 456) : 'whether the dividend received by the assessee as shareholders from tea companies or any part thereof is agricultural income within the meaning of the bengal agricultural income tax act, 1944, and assessable as such?17. answering the said question in the negative on the basis of the ratio of mrs. bacha f. guzdar : [1955]27itr1(mad ..... source and/or on self-assessment. the petitioner-company also filed return under the assam agricultural income tax act before the agricultural income-tax authority declaring 60 per cent, of the composite income amounting to rs. 4,25,63,251 as agricultural income earned from growing and manufacturing of tea and the total amount disclosed as agricultural income for the assessment year 1997-98 was rs. 2,50,37,951 and the .....
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