Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 17 income tax authotities Court: guwahati Page 15 of about 214 results (0.128 seconds)

Sookerating Tea Co. (P.) Ltd. Vs. Commissioner of Income-tax

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 .....

Chem Trade India (P) Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

Reported in : (2010)27VST421(Gauhati)

..... leading to conceptual ambivalence and incongruence entailing absurd consequences. thus, in the estimate of this court, in the perspective of the discernment of agricultural operations, propounded in the commissioner of income-tax v. raja benoy kumar sahas roy : [1957] 32 itr 466 (sc), an appliance used in anyone or more of the ..... in the negative therein is of no assistance to the revenue. entry 1 of the first as well as the second schedule to the act in hand contemplates agricultural implement of two types. those operated manually or driven by animals are exempted from the levy whereas, such devices not operated manually or ..... ' the words 'power tillers' have been inserted bynotification no. ftx.55/2005 pt-ii/20 with effect from july 29,2005.---------------------------------------------------------------------------9. noticeably, the parent act at the time of its enforcement did not in categorical terms mention 'power tillers' either in entry no. 1 or 65 of the second schedule thereto. .....

Mes Builders Association of India Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : (2009)25VST140(Gauhati)

..... for any machinery to determine even approximately the taxable turnover by a dealer for the purpose of collection of advance tax similar to what has been provided for in section 194(c)(4) of the income-tax act, 1961. it is further submitted that the letter dated may 27, 2006 issued by respondent no. 2 ..... court was considering the validity of the hindu women's rights to property act, 1937. in order to uphold the constitutional validity of the act, the federal court held the act intra vires by construing the word 'property' as meaning 'property other than agricultural land'. this restricted interpretation of the word 'property had to be given ..... otherwise the act would have become unconstitutional.30. similarly, in kedar nath singh v. .....

Sterlite Optical Technologies Ltd. Vs. Oil India Limited and ors.

Court : Guwahati

..... fittings in a building, which run as hotel, would fall within the meaning of the word 'plant', which appears in section 10(2)(vi-b)of the income tax act, 1922. section 10(5) of the act defined the word 'plant' to include the items, such as, vehicles, books, scientific apparatus and surgical equipments purchase for the purpose of business, profession or ..... forest land or wasteland in the area in dispute cannot be deemed to be an estate within clause (a)(iii) unless it was held or let for purposes ancillary to agriculture.25. from the decision in raja anand (supra), it becomes clear that the word 'including' can be used, in a given context, for the purpose of clarification or ..... land or wasteland in the area in dispute cannot be deemed to be an estate within clause (a)(iii) unless it was held or let for purposes ancillary to agriculture. there is no dispute that the cultivated portion of pargana agori would fall within clause (a)(iii).18. from what has been observed by lord watson in dilworth ( .....

Assam Plantation Crops Dev. Corpn. Ltd. Vs. Inspecting Assistant Commi ...

Court : Guwahati

..... regarding the claim of the assessee as mentioned above that the entire expenditure should have been considered for deduction, when there were agricultural activities as noted by the assessing officer. that apart rule 7 of the income-tax rules, 1962, would have to be taken into account which apparently appears to have not been considered by the ..... the assessee and the expenses pertaining to agricultural operation should have been set off against the income of the assessee. according to the cit (a), agricultural income of the assessee is in the nature referred by section 2(1)(b) (c) and, therefore, the same has to be computed as business income. but the cit (a) had not looked into or ..... earlier tribunal as it was considered desirable that there should be mality and certainty in all litigations even under the income-tax act.9. we may also refer to a decision of the honble supreme court in the case of cit v. rao thakur narayan singh : [1965]56itr234(sc) in which on the facts of that case it .....

Bina Lala Vs. Ahalya Lala and ors.

Court : Guwahati

..... father in the childhood accepted the customs and traditions of the place. she also stated in her cross that partnership deeds so mentioned were executed for evading income-tax and for driving out her mother ahalya lala, respondent no. 1 herein and her aunty bhanumati lala, respondent no. 2 and her another aunty namely, ..... for convenience of joint family business, particularly to lessen payable amount of income tax. various matters were concealed and untrue declaration were given for creation of partnership. this partnership of three brothers was not acted upon and was used for the purpose of income tax only. the facts came to the knowledge of the plaintiffs/respondent nos. ..... lala, torture to her by heirs of mohan lal lala after his death, submission of false income-tax return, entering into partnership business for the purpose of joint family business, and particularly for paying lesser amount of income-tax, right of the plaintiffs/respondent nos. 1 and 2 to the extent of 7/20th share .....

M/s. Parle Biscuits Ltd. and Another Vs. The State of Assam Represente ...

Court : Guwahati

..... considered and decided in such proceedings. the expression erroneous and prejudicial to the interest of revenue occurring in section 36 also finds place in section 263 of the income tax act. this expression was the subject matter of interpretation before the supreme court in several cases. one such decision, which explains the import, and its true meaning is ..... since the object and scope of section 36 of the act is in pari materia with the object and scope of section 263 of the income tax act, we can safely apply the principle laid down by the supreme court in the case of malabar industrial co. ltd. vs. commissioner of income tax. (supra) to the facts of this case. indeed, ..... this court too, while interpreting section 36 of the act in the case of shri rajendra singh .....

Bharat Brick Works Vs. the Assam Board of Revenue and ors.

Court : Guwahati

..... it thinks fit.17. comparing the provisions of sub-section (4) of section 20a of the assam finance (sales tax) act and the provisions of sub-section (1) of section 254 of the income-tax act, it is found that in disposing of an appeal, the board has to give the dealer only an opportunity of ..... penalty.10. the prescribed appellate authority is the assistant commissioner of taxes.11. the corresponding provision of appeal under the income-tax act, 1961, is found in section 246(c). the right of appeal under the assam finance (sales tax) act as well as under the income-tax act from the assessment order has been given to the dealer and ..... has submitted that none of the decisions under the income-tax act referred to above, is applicable to the present case because the relevant provisions under the income-tax act and the assam finance (sales tax) act are not pari materia.9. the relevant appellate provisions under the assam finance (sales tax) act, 1956, are quoted below :section 19. appeal.-(1 .....

Warren Tea Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... two writ petitions is 'whether or not the portion of the claim for deduction disallowed by the income-tax officer while making assessment because of limit provided in the income-tax act, 1961 and income-tax rules, 1962, could be allowed by the agricultural income-tax officer under the assam agricultural income-tax act, 1939 and the assam agricultural income-tax rules, 1939, provided the said portion of the claim relates to plantation, manufacture and sale of ..... 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 .....

Senairam Doongarmall and Another Vs. State of Assam.

Court : Guwahati

..... jurisdiction to issue the said notice to the manager of the estate outside british india."mainly the relief claimed was that the bengal agricultural income-tax act in so far as it purports to impose a liability to pay agricultural income-tax on the plaintiff as the ruler of an indian state was ultra vires and void and that the notice served was illegal. ..... the suit has been dismissed is that the suit is not maintainable in view of the provisions of section 44 of the assam agricultural income-tax act (assam act ix of 1939) (hereinafter called the act). section 44 of the act reads as follows :"44. no suit shall be brought in any civil court to set aside or modify any assessment made under ..... are laid down."the next case referred to is state of tripura v. province of east bengal . the facts of this case were that the bengal agricultural income-tax act was passed by the provincial legislature of bengal in 1944. it applied to the whole of bengal and purported to bring under charge the .....