Court : Guwahati
..... 28, 2003, and january 6, 2004, issued by the respondent authority under the provisions of sections 148, 142 and 143(2) of the income-tax act, 1961.3. the writ petitioners are public limited companies incorporated under the companies act, 1956, and is engaged in the business of cultivation, manufacture and sale of tea cultivated in its tea gardens in the state of assam ..... composite agricultural income, the very foundation of the reason for the impugned action is missing. not only has the concerned authority misread the reported decision, there appears to have been a total non-application of mind to the relevant legal provisions. the present thus is not only a case where no reason exists for invoking the power under section 147 of the act .....
Tag this Judgment!Court : Guwahati
..... . and (3) assam forest products (p.) ltd.section 10(1) of the act reads as follows :'10. incomes not included in total income. - in computing the total income of the previous year of any person, any income falling within any of the following clauses shall not included -(1) agricultural income........'section 295 of the act deals with the power to make rules. section 295(1) and (2)(b ..... assessee took loan from the allahabad bank by hypothecating the tea crop and some interest was paid to the bank for this loan. this interest was charged to tax in full by the income-tax officer, and this question was considered by the tribunal. while considering this aspect of the matter the tribunal found :'there is common management and control, common organisation, common .....
Tag this Judgment!Court : Guwahati
..... and the remaining 60 per cent under the agricultural income. but that does not mean that income derived by the tea company cannot form and compute as 100 per cent income. if the income is derived from the sale of tea grown and manufactured by the tea company, only 40 per cent income, which is assessed under the act must have some connection with the tea business ..... ?'2. the ao assessed the income from sale of scrap at 100 per cent for the asst. yr. 1982-83. the assessee preferred appeal before the cit(a) and the cit(a) directed the ao that sale of scraps, etc., should be taken as 40 per cent and not 100 ..... 40 per cent when r. 8(1) of the it rules, 1962, clearly says that 40 per cent of the income derived from the sale of tea grown and manufactured shall be deemed to be income liable to tax and no other income except income from sale of tea grown and manufactured comes under the purview of r. 8(1) of the it rules, 1962 .....
Tag this Judgment!Court : Guwahati
..... ) assam forest products (p.) ltd. 12. section 10(1) of the act reads as follows: '10. incomes not included in total income.--in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included- (1) agricultural income.....' 13. section 295 of the act deals with the power to make rules. section 295(1) and (2 ..... assessee took loan from the allahabad bank by hypothecating the tea crop and some interest was paid to the bank for this loan. this interest was charged to tax in full by the income-tax officer, and this question was considered by the tribunal. while considering this aspect of the matter the tribunal found: 'there is common management and control, common organisation, common .....
Tag this Judgment!Court : Guwahati
..... be paid by the owner or occupier. from the fact that the owner is liable to pay the tax it does not follow that the tax is income-tax. * * * * the attempt to classify taxes on property under heads like capital, income and occupation is not profitable, as the list is not exhaustive. on the other hand, as pointed ..... each of them by a word of broad and general import. in the case of some of these categories, such as 'local government,' 'education', 'water', 'agriculture' and 'land', the general word is amplified and explained by a number of examples or illustrations, some of which would probably on any construction have been held ..... out by the learned advocate-general taxes on lands and buildings have been known to indian legislatures for over fifty years, and find place as such in the municipal acts .....
Tag this Judgment!Court : Guwahati
..... will show that both son and daughter-in-law of the claimant died in the same accident leaving their two minor children. claimant stated that a share of their income from agricultural produce was used to be enjoyed by the claimant although the deceased son separated 'indang' from the claimant in the year 1996. the evidence of claimant was ..... not adduce any evidence in rebuttal. true, that p.w. 1 (claimant) admitted that he failed to produce documentary evidence in support of income of the deceased, but then, it may not be disputed that there is no feasibility to assess actual income out of agriculture and a guess-work is inevitable in such cases. the claim-petition has mentioned the ..... accident that took place on 1.12.1998.3. brief facts are as follows. the claimant pu lalngena lost his son lalnunmawia, aged 21 years, due to the act of negligence of offending vehicle no. mz-01/4887 dashing against the dwelling house of the deceased and rolling down into gorge below on 1.12.1998 at kawngthar .....
Tag this Judgment!Court : Guwahati
..... act of 1976') and that the said loan was sanctioned on 18.3.1989. though the petitioner agreed to repay the same with interest and executed a number of documents in favour of the respondent bank to secure the loan, he in spite of repeated demands failed to do so. the petitioner, however, acknowledged his liability in the relevant income-tax ..... has been advanced or granted under a scheme framed and/or approved by the state government for the purpose of providing opportunity for employment or assisting agricultural or industrial activities or purposes but as in the case in hand there is nothing on record to even suggest that the alleged loan was advanced under ..... . in terms of the above definition a scheme would mean one framed or approved for the purpose of the said act by the state government for providing opportunities of employment or for assisting agricultural or industrial activities and purposes. a conjoint reading of the above provisions of the two enactments would thus make it .....
Tag this Judgment!Court : Guwahati
..... nath bora v. commissioner, hills division, assam, air 1958 sc 398. it has been further held that the discretionary power under section 45 of the indian income-tax act, 1922, conferred on the income-tax officer to treat the assessee 'as not being in default' is a public duty and it would be a non-exercise of the discretion if the officer ..... . in m.l.m. mahalingam chettiar v. third ito : [1967]66itr287(mad) , the madras high court hasheld that the discretion vested in the income-tax officer under section 220(6) of the income-tax act, 1961, to treat the assessee 'as not being in default' is not merely a naked and arbitrary power but a power coupled with responsibility and the ..... 1956]30itr252(ap) , the andhra pradesh high court through subba rao c.j., as he then was, has held that the discretionary power under section 45 of the indian income-tax act, 1922, is coupled with a duty to exercise it and if he does not exercise it or exercises it in a perfunctory manner, he can be compelled to perform .....
Tag this Judgment!Court : Guwahati
..... which the state legislature was not competent to levy. the calcutta high court following the observations of the federal court in ralla ram v. province of east punjab air 1949 fc 81 negatived the contention by holding that the real distinction between these two acts seems to be that whereas the income tax act, 1961, purports to tax the true income ..... case, the west bengal panchayat act levied tax on land and building. the measure of tax was aimed at the actual profits or income from the land and building. the challenge to the levy of tax was on the ground that the tax was levied on non-agricultural income from land and building for ..... any way the power of parliament to make laws with respect to taxes on incomes accruing from or arising out of professions, trades, callings and employments.seventh schedulelist i-union listentry 82-taxes on income other than agricultural income.entry 84-duties of excise on tobacco and other goods manufactured or .....
Tag this Judgment!Court : Guwahati
..... d. pathak, actg. c.j. 1. these two cases are referred under section 64(1) of the e.d. act, 1953 (hereinafter called 'the act') by the income-tax appellate tribunal, gauhati bench (for short, 'the tribunal'). as in both the cases the following identical question of law has been referred for ..... (1) in the case of every person dying after the commencement of this act, there shall, save as hereinafter expressly provided, be levied and paid upon the principal value ascertained as hereinafter provided of all property, settled, or not settled, including agricultural land situate in the territories which immediately before the 1st november, 1956, were comprised ..... in the states specified in the first schedule to this act and in the union territories of dadra and nagar haveli, goa daman and diu .....
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