Court : Guwahati
..... section contained in section 3 of the indian income-tax act, 1922, and section 4(1) of the income-tax act, 1961. section 3 of the act of 1922 reads as follows : '3. charge of income-tax.--where any central act enacts that income-tax shall be charged for any year at any rate or rates tax at that rate or those rates shall be ..... case revolves round the question as to the correct interpretation of sub-section (4) of section 3 of the income-tax act (hereinafter referred to as 'the act') and the extent of limitation on the power of the income-tax officer under the said sub-section to withhold consent to vary the meaning of the expression 'previous year' by ..... tea by agricultural process in the tea estates situated in the state of assam. at all material times, the assessee-company carried on and now also carries on business in growing green tea loaves and manufacturing black tea therefrom. the assessee-company is a regular income-tax assessee under the act. the assessments under the act have been .....
Tag this Judgment!Court : Guwahati
..... that the deduction on cess paid on green tea leaves has to be allowed on 100 per cent, composite income under the income-tax act, 1961, and not on 60 per cent, of the agricultural income.4. the above question was dealt with by a learned single judge of this court in assam co. ..... relevant assessment year. holding thus, the learned single judge set aside the impugned notices issued under sections 147 and 148 of the income-tax act.5. the ratio available in the aforesaid judgment was also followed by another single judge of this court (one of us) in ..... stage.3. the primary question to be considered in this appeal is whether, on the facts and circumstances of the case, the learned income-tax appellate tribunal was justified in confirming the disallowance of cess paid on green tea leaves in the backdrop of the judgment and order dated ..... revenue reiterating that the cess on green tea leaves shall be allowed on 100 per cent, composite income under the income-tax act, 1961, before applying rule 8 of the .....
Tag this Judgment!Court : Guwahati
..... see atkinson v. goodlass wall and lead industries ltd. [1950] 31 tc 447; commissioner of income-tax v. vegetable products ltd. : [1973]88itr192(sc) ; state of bombay v. automobile and agricultural industries corporation [1961] 12 stc 122 (sc) and commissioner of income-tax v. m.p. jatia : [1976]105itr179(sc) ].15. the principles laid down by ..... ' specified in item 29 of the schedule of taxable goods attached to the tripura sales tax act, 1976.2. the petitioner, a government contractor, is a dealer registered under the tripura sales tax act, 1976, hereinafter referred to as 'the act'. during the relevant period the petitioner supplied pea-gravels to the executive engineer, public health ..... it may be appropriate to note that the supreme court has firmly ruled that in finding out the true meaning of the entries mentioned in the sales tax act, the dictionary meaning is not relevant. [ganesh trading co. v. state of haryana : air1974sc1362 ]. this position was reiterated by the supreme court in .....
Tag this Judgment!Court : Guwahati
..... estate.4. it may, therefore, be advantageous to quote the provisions laid down under s. 13 of the act which reads :assessment of tax on common manager, receiver, etc. -where any person holds land, from which agricultural income is derived, as a common manager appointed under any law for the time being in force or under any ..... agreement or as receiver, administrator or the like on behalf of persons jointly interested in such land or in the agricultural income derived therefrom, the aggregate of sums payable as agricultural income-tax by each person on the agricultural income derived from such land and received or receivable by him shall be assessed on such common manager, receiver, administrator or ..... the like and he shall be deemed to be the assessee in respect of the agricultural income-tax so payable by each such person and shall be liable to pay the same.5. a careful perusal of the aforesaid provision clearly indicates that the .....
Tag this Judgment!Court : Guwahati
Reported in : (1998)146CTR(Gau)414
..... estate.4. it may, therefore, be advantageous to quote the provisions laid down under s. 13 of the act which reads :assessment of tax on common manager, receiver, etc. -where any person holds land, from which agricultural income is derived, as a common manager appointed under any law for the time being in force or under any ..... agreement or as receiver, administrator or the like on behalf of persons jointly interested in such land or in the agricultural income derived therefrom, the aggregate of sums payable as agricultural income-tax by each person on the agricultural income derived from such land and received or receivable by him shall be assessed on such common manager, receiver, administrator or ..... the like and he shall be deemed to be the assessee in respect of the agricultural income-tax so payable by each such person and shall be liable to pay the same.5. a careful perusal of the aforesaid provision clearly indicates that the .....
Tag this Judgment!Court : Guwahati
..... income-tax act ?4. so far the first question of law is concerned, dr. saraf has submitted that the above question has been answered by this court in the case of bajloni group ltd. v. the commissioner of income-tax wherein it was held that the special deduction is required to be computed before apportionment of income as agriculture and non agriculture income ..... , under section 80hhc read with rule 8 of the income-tax rules.5. mr. bhuyan has submitted that in view of the ..... under section 32ab.8. the question in the present case is whether the income from interest and dividend falls under the definition of 'eligible business or profession' under section 32ab of the income-tax act. the word 'eligible' is deleted from the act in the year 1991, but so far the present case is concerned, .....
Tag this Judgment!Court : Guwahati
d. n. baruah, j. :in this agricultural income-tax reference under s. 28(4) of the assam agrl. it act, 1939 (for short, 'the act'), the following questions have been referred to this court by the assam board of revenue for opinion of this court :'1. whether the board, in deciding the appeal, was right ..... from the cultivation, manufacture and sale of tea as is defined to be agricultural income for the purposes of the enactments relating to indian income-tax.'sec. 8 of the act provides for determination of agricultural income mentioned in cl. (a)(2) of s. 2 - (1) the agricultural income mentioned in sub-cl. (2) of cl. (a) of s. 2 shall be assessed on the net amount of such .....
Tag this Judgment!Court : Guwahati
..... lower rate as an industrial company, as, under rule 8 of the income-tax rules, 1962, 40 per cent. of the combined income (both agricultural and non-agricultural) is liable to tax under the income-tax act, 1961 ?'2. the assessee is a company incorporated under the companies act and owns a tea estate and carries on the business of tea ..... plantation and sale of tea. the company is an assessee under the income-tax act. for the assessment year 1982-83, the income-tax officer observed that the company was assessed at a non-industrial rate. the composite income from agriculture and non-agriculture was computed to the extent of rs. 1,78,883 and 40 per cent ..... of the definition of section 2(45) and section 5 of the income-tax act and if the total income is determined on that basis, the total agricultural income shall have to be excluded by virtue of the provisions of law contemplated under section 10 of the income-tax act, 1961.6. mr. joshi, learned standing counsel appearing on behalf of .....
Tag this Judgment!Court : Guwahati
..... 1. the two questions referred to this court under section 256(1) of the income-tax act, 1961, are as follows :'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that tractors used as agricultural machinery is entitled to additional depreciation ?2. whether, on the facts and in the ..... that the assesses is entitled to investment allowance on such tractors and agricultural machinery ?'2. the case of the revenue is that a tractor would be covered as road transport vehicle. hence, no investment allowance is admissible under section 32a of the income-tax act. as a matter of fact the same point having once been raised ..... in one of the income-tax references, a division bench of this court in income-tax reference no. 3 of 1997 (cit v. nandlal parshuram ) by order dated march 4, 1998, answered the .....
Tag this Judgment!Court : Guwahati
..... the extent that the appellate assistant commissioner has directed the income-tax officer to redetermine the income from property on the basis of material which was not considered by the income-tax officer like the net wealth statement and the capital accretion of the assessee or the income from agricultural property for the earlier assessment years, it is clearly ..... question no. 1 above, the tribunal was legally correct in upholding the commissioner of income-tax (appeals)' order deleting the addition of rs. 50,310 made on account of undisclosed interest ?'2. the assessee is a company incorporated under the companies act. the assessing officer made assessment in respect of the assessment year 1975-76. ..... d.n. baruah, j.1. at the instance of the revenue, the following two questions have been referred under section 256(1) of the income-tax act, 1961 (for short, 'the act'), for opinion of this court : ' 1. whether, on the facts and in the circumstances of the case, when the tribunal had set .....
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