Court : Kerala
Reported in : [1977]110ITR546(Ker)
..... , in our opinion, material. particularly, is this so, when the question sent up for our determination refers to ' any other clause of section 5 of the agricultural income-tax act, 1950'. we, therefore, hold that the question referred does arise out of the order of the tribunal.5. the second objection of counsel for the revenue was ..... that section 5(j) of the agricultural income-tax act, 1950, is not in pari materia with section 10(1)/(2)(xv) of the indian income-tax act, 1922, or section 37 of the act of 1961, and that the question requires to be considered whether the payment of wealth ..... 5(n)(ii) of the agricultural income-tax act in computing the assessable income of the appellant. under section 5(n)(ii) any tax, cess or rate paid in the cultivation or sale of the crop from which such agricultural income is derived is an allowable deduction. wealth-tax is a tax on the capital assets including agricultural lands but it is not in .....
Tag this Judgment!Court : Kerala
Reported in : [1972]83ITR500(Ker)
..... and is either assessed to land revenue in the state or subject to a local rate assessed and collected by officers of the government as such' would alone be agricultural income as defined in the agricultural income-tax act. the respondent held that under the kerala land tax act, every land in the state subject to the exceptions provided thereunder, is assessed to land revenue, and that the ..... determined by the revenue would be charged to agricultural income-tax; and income from lands in respect of which the tax payable has not been determined, would not be liable for agricultural income-tax. i am unable to see any justification for such am differentiation. in my view, the liability to be assessed under the agricultural income-tax act depends on the question whether the income is derived from lands subjected to payment .....
Tag this Judgment!Court : Kerala
Reported in : [1988]169ITR84(Ker)
..... is a public charitable trust.'must be understood with reference to section 4(b) of the kerala agricultural income-tax act, 1950, as it stood at the relevant time, which exempted from the levy of tax so much of the income derived from property, held under trust in part only for religious or charitable purposes, as was ..... in so far as one-fourth of the income derived from these properties was utilised for a public charitable purpose, that portion of the income qualified for exemption from tax under section 4(b) of the kerala agricultural income-tax act, 1950, which at the relevant time read :'any agricultural income derived from property held under trust or other ..... v. abdul sathar haji moosa sait : [1971]81itr230(ker) , that a quarter of the income derived from the assets and applied to public charitable purposes qualified for exemption under section 4(b) of the kerala agricultural income-tax act, 1950, and in so far as that finding has remained unchallenged, that portion of the wealth which .....
Tag this Judgment!Court : Kerala
Reported in : [1968]69ITR304(Ker)
..... landmark to notice, is the travancore-cochin agricultural income-tax act of 1950, which, since the formation of the state of kerala, became the kerala agricultural income-tax act. section 3 of the act imposed a charge on the total agricultural income of the previous year on 'every person'. section 71 of the act provided that 'the travancore income-tax act 1121, as subsequently amended and the cochin income-tax act, vi of 1117 as subsequently amended in ..... continued in force even after the repeal of the cochin income-tax act, in so far as it related to agricultural income, by section 71 of the travancore-cochin agricultural income-tax act, 1950. i am further of the view that the exemption covered not merely the taxes assessable under the cochin income-tax act at the time of the grant, but even agricultural income-tax introduced later by the 1122 amendment. the notification, exhibit p .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT41(SN)(C.No.42)
..... general provision for assessment of income, partly agricultural and partly from business. even though rubber planters were also engaged in processing of the crop ..... provision is provided in rule 8 of the central income tax rules (hereinafter referred to as the rules) for assessment of income from tea and for bifurcation of the same in the ratio given thereunder for the purpose of assessment under the agricultural income tax act (hereinafter referred to as the ait act for short) and under the central act. in fact rule 7 of the rules makes a .....
Tag this Judgment!Court : Kerala
Reported in : [1998]229ITR763(Ker)
..... that the method adopted by the assessing authority for apportioning the agricultural income among the partners who were in the reconstituted firm at the time of making the assessment is correct and legal in view of the provisions contained in section 28(1) read with section 18(5)(a) of the agrl. income-tax act, 1950 ? 2. whether, on the facts and in the circumstances ..... , we decline to answer question no. 3.4. a copy of this judgment, under the seal of this court and the signature of the registrar shall be forwarded to the agricultural income-tax appellate tribunal, addl. bench, ernakulam. ..... k.k. usha, j.1. this reference, at the instance of the assessee under section 60 of the agrl. income-tax act, 1950, arises out of an order passed by the kerala agrl. income-tax appellate tribunal, addl. bench, ernakulam, in a. i. t. a. no. 39 of 1989. the relevant assessment year is 1979-80 and the relevant accounting year is july 1, 1977, .....
Tag this Judgment!Court : Kerala
Reported in : (2005)195CTR(Ker)56; 2005(1)KLT840
..... return for the year 1977-78 excluding the income from 9.25 acres of land which was transferred in the name of his minor ..... section 9(2) of the a.i.t. act 1950. tribunal took the view that the transfer of the ancestral property by the assessee to his minor daughter is not hit by provisions of section 9(2) of the agricultural income tax act and the income therefrom cannot be part of the net assessable income of the assessee.2. assessee had filed a ..... 1992 wherein identical question came up for consideration. in that case this court upheld the order of the tribunal to separately assess the minor child to agricultural income tax in respect of the income derived from the property transferred to the minor child as per the partition deed dated 16.5.1978. in this connection we may refer to the .....
Tag this Judgment!Court : Kerala
Reported in : [1987]163ITR91(Ker)
..... no. 1 and 2, supported the stand taken in the counter-affidavit of the 1st respondent. counsel for the revenue further contended that section 54 of the agricultural income-tax act has been properly construed by the 1st respondent and that exhibits p-2 and p-5 are not open to any infirmity as alleged by the petitioner. the ..... 1st respondent by exhibit p-2 order dated february 23, 1983, rejected the application. he relied on section 54(3) read with section 54(1) of the agricultural income-tax act and said that the application for a certified copy of the return filed by the 3rd respondent by a stranger is not sustainable and so the petitioner is not ..... are impugned.2. petitioner's counsel contended that there is no absolute prohibition against disclosure of information under section 54 of the agricultural income-tax act. it is argued that the 1st respondent misconstrued section 54 of the act in passing exhibits p-2 and p-5 orders. the petitioner says that he is the co-owner of the properties .....
Tag this Judgment!Court : Kerala
Reported in : [1967]66ITR173(Ker)
..... is clear that the order, exhibit p-1 cannot stand, for the petitioner cannot be assessed for the entire income of the family of the petitioner.apart from this, it is urged that the benefit of section 3(3) of the agricultural income-tax act, 1950, is also available in the matter of assessment of the family of which the petitioner is the head and ..... so read the statute as to uphold its validity.section 3(1) of the act states that agricultural income-tax at the rate or rates specified in the schedule to the act shall be charged for each financial year in accordance with and subject to the provisions of the act, on the total agricultural income of the previous year of every person. 'person' has been defined in section .....
Tag this Judgment!Court : Kerala
Reported in : [2004]265ITR73(Ker)
..... submitted that the assessee had a statutory duty to disclose agricultural income, if any obtained by him in the income-tax return which is required for rate purpose. standing counsel ..... the said sum of rs. 80,000 represents his savings from the salary and also agricultural income and later the assessee had stated that it represented the agricultural income. standing counsel also submitted that the assessee had not disclosed any agricultural income in the return fifed for this year under the act and also in the returns filed for the earlier and subsequent two years. standing counsel .....
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