Court : Guwahati
..... likes to emphasise that since 40 per cent. of such income shall be deemed to be income liable to tax, the petitioner, in view of the definition under section 2(1a) of the income-tax act read with the provisions as laid down under section 8(2)(e) of the agricultural income-tax act, is entitled to the deduction from the 60 per cent ..... . of the composite income. section 8(2)(e) reads : 'rules prescribing the manner of determining the net amount of agricultural income for the purpose of this ..... saraf argues that since the petitioner has already paid cess which is nothing but a tax, he is very much entitled to get the deduction from 60 per cent. of the composite income. though the term 'cess' has not been defined in the agricultural income-tax act, 1939, dr. saraf has, however, referred to an observation of the supreme .....
Tag this Judgment!Court : Guwahati
..... as is defined to be agricultural income for the purposes of the enactments relating to indian income-tax. dr. paul also drew our ..... on the ground that the expenditure was not wholly agricultural. in this connection, dr. paul drew our attention to section 2(a)(2) of the assam agricultural income-tax act, 1939 (for short, 'the act'),, which provides that agricultural income derived from the land which is used for agricultural purposes by the cultivation of tea means that portion of the income derived from the cultivation, manufacture and sale of tea .....
Tag this Judgment!Court : Guwahati
..... has been furnished by him. in that case, two tea estates were owned by two firms with several partners. the tea sold yielded income which was partly agricultural and partly non-agricultural. both the firms were registered under the income-tax act. two of the partners who were the respondents in the appeals before the supreme court were, in addition to their share of profits, entitled ..... a contract of service postulates two different persons.11. it was further held that on account of the method of computation prescribed in the income-tax act, 60% of the income of the firm is agricultural in character and, therefore, it cannot be taxed under the income-taxact, that even though the flexible arrangement among partners regarding distribution of this sum may take different forms, the essential .....
Tag this Judgment!Court : Guwahati
..... in law, as a contract of service postulates two different person.it was father held that on account of the method of computation prescribed in income-tax act, 60% of the income of the firm is agricultural in character and, therefore, it cannot be taxed under the income-tax act, that even though the flexible arrangement among partners regarding distribution of this sum may take different forms, the essential ..... has been furnished by him. in that case, two tea estates were owned by two firms with several partners. the tea sold yielded income which was partly agricultural and partly non-agricultural. both the firms were registered under the income-tax act. two of the partners who were the respondsents in the appeals before the supreme court were, in addition to their share of profits, entitiled .....
Tag this Judgment!Court : Guwahati
..... exigibilty that rule 24 admittedly confers on the agrarian protion.........it follows that by statutrory dichotomy, 60% of the tea income is agricultural in character and central income-tax cannot break into its inviolability. this conceded, the flexiable arrangement among partners regarding distribution of this sum may take many forms ..... of profits also constituted a part of tea garden profits. the income-tax officer added back the salary and interest paid to the partners and after deducting depreciation, deducted 60% as agricultural income and arrived at the taxable income in the assessment year 1966-67 at rs. 13,520, in ..... act. the additional commissioner of income-tax held that the immediate source of the salary was the service and that of the total interest, the user of the money. according to the additional commissioner they did not partake the character of the income of the firm, whose income may be only partly taxable on the ground that part of its income was agricultural income .....
Tag this Judgment!Court : Guwahati
..... exigibility that rule 24 admittedly confers on the agrarian portion............it follows that by statutory dichotomy, 60% of the tea income is agricultural in character and central income-tax cannot break into its inviolability. this conceded, the flexible arrangement among partners regarding distribution of this sum may take many forms ..... out of profits also constituted a part of tea garden profits. the income-tax officer added back the salary and interest paid to the partners and after deducting depreciation, deducted 60% as agricultural income and arrived at the taxable income in the assessment year 1966-67 at rs. 13,520, in ..... act. the additional commissioner of income-tax held that the immediate source of the salary was the service and that of the interest, the user of the money. according to the additional commissioner they did not partake the character of the income of the firm, whose income may be only partly taxable on the ground that part of its income was agricultural income .....
Tag this Judgment!Court : Guwahati
..... income from business and 60 % as agricultural income. the agricultural income-tax act thus taxes 60% of the income from a tea garden as agricultural income. if the proviso is interpreted as contended for by the petitioners, the result will be that the whole income will be regarded as agricultural income, inasmuch as the entire income derived by agriculture is defined to be agricultural income under the indian income-tax act, and thus the entire income may be liable to pay agricultural income-tax. the income-tax .....
Tag this Judgment!Court : Guwahati
..... provided in the central act aforementioned. under section 2(a) of the assam act 'agricultural income' means(1) any rent ..... the seller in india shall be computed as if it were income derived from the business, and forty per cent, of such income shall be deemed to be income liable to tax.the assam act (assam agricultural income-tax act, 1939):8. the definition of 'agricultural income' under the assam act is more or 8 less in pari materia with the definition ..... respect of unpaid provision is not an allowable deduction either under section 8(2)(e) or section 8(2)(f)(vii) of the agricultural income-tax act, 1939, for short 'the act'.section 8(2)(f)(vii) reads as follows:(vii) any expenditure (not being in the nature of capital expenditure) laid out or .....
Tag this Judgment!Court : Guwahati
..... carrying tea manufactured by the writ petitioners. 9. a careful consideration of the provisions of the assam agricultural income-tax act, 1939, shows that there is no provision for issuance of agricultural income-tax clearance certificate to a person for the purpose of carrying the products from one place to another. ..... the respondents. 6. dr. saraf at the very inception of his arguments pointed out that the similar question relating to tax clearance certificate under the assam agricultural income-tax act came up for consideration before this court in civil rule no. 2000 of 1994, and the learned single judge after ..... submitted that although there is no provision under the assam agricultural income-tax act, 1939, the petitioners have been compelled to obtain agricultural income-tax clearance certificate from respondent no. 3. that apart, the officials at check posts insisted for production of agricultural income-tax clearance certificates for which the petitioners had to apply for .....
Tag this Judgment!Court : Guwahati
..... without service of such notice upon the petitioner.' with reference to this allegation of the petitioner, the assistant commissioner of taxes, shillong, in paragraph 3 of his counter-affidavit states as follows : '..... the petitioner was assessed to tax payable under the assam agricultural income-tax act, 1939, ex parte, on june 30, 1962, for the assessment year 1957-58, after the general notice under section 19 ..... the assessment year 1957-58, and assessed the petitioner to pay the agricultural income-tax of rs. 1,01,605 for the year. the petitioner states that no notice under section 19(2) of the assam agricultural income-tax act, 1939, hereinafter called ' the act ', was served upon him prior to the order of assessment. as the tax demand has not been complied with by the petitioner, the respondent .....
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