Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 17 income tax authotities Court: kerala Page 67 of about 845 results (0.078 seconds)

Mammad Keyi Vs. Wealth Tax Officer, Calicut

Court : Kerala

Reported in : AIR1962Ker110

..... tarwads, and also on the capital value of the assets of ally person, to the extent that they are or may be deemed to be made up of agricultural income.the assessments to wealth-tax made on the petitioners and the demands pursuant thereto were impugned on several grounds and in particular, the assessment of the petitioner in o. p. 674 of 1958 ..... charging section in the act as quoted above does not purport to tax any 'income' whatever, but only the net wealth of an assesses as defined in terms of his assets, as ..... within entry 49 in the state list.9. as stated above, the virus of the act was impugned, also on the ground that a tax on the net wealth of an assesses, to the extent that it is or may be said to be made up of his agricultural income, pertains to the legislative field marked by entry 40 in the state list. the .....

Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. ...

Court : Kerala

..... question for decision in this appeal under section 260a of the income tax act, 1961, "it act", for brevity, as follows: are the provisions of section 80p of it act excluded in terms of sub-section 4 of that section; from application in relation to the kerala state co- operative agricultural and rural development bank limited; governed by the provisions of ..... that section. it is pointedly argued that the appellant is a co-operative bank, other than a 'primary agricultural credit society' or a 'primary co-operative agricultural and rural development bank' and therefore, section 80p of the it act does not apply to it in view of sub- section 4 thereof. 5. per contra, the learned senior ..... appellant does not satisfy the condition prescribed in sub-clause (2) of clause (cciv) of section 5 of the br act and hence, it is not a co-operative bank which is a primary agricultural credit society. 18. the learned counsel for the appellant drew our attention to the judgments of the karnataka high court in .....

M. Appukutty Vs. Sales Tax Officer, Spl. Circle I, Kozhikode

Court : Kerala

Reported in : AIR1966Ker55; [1966]17STC380(Ker)

..... before me to curry on his trade or business. it was held by this court in aluminium industries ltd. v. agricultural income tax and rural sales-tax officer, 1961 ker lj 1336 that collecting tax not legally due infringes the right to carry on business guaranteed by the constitution. no doubt quasi-judicial authorities have jurisdiction ..... so the high court fell into an error and assumed jurisdiction to decide the dispute which had to bedecided by resort to the machinery provided under the act after ascertainment of the true nature of the transaction in the light of the agreement and surrounding circumstances. the order passed by the high court cannot ..... ensure fairness. black's law dictionary defines the word 'arbitrary' as 'done capriciously or at pleasure without adequate determining principle; non-rational; not done or acting according to reason or judgment.' 14. for over a century, courts have been at pains to lay down principles to guide authorities who have to determine questions .....

K.i. Abraham Vs. Sales Tax Officer, Ponkunnam and anr.

Court : Kerala

Reported in : AIR1964Ker131; [1964]15STC110(Ker)

..... . ex. p-2 is copy of the order of assessment. the petitioner preferred an appeal 10 the appellate assistant commissioner and a revision pemiun before the deputy commissioner of agricultural income-tax and sales tax but these were unsuccessful; exs. p-3 and p-4 respectively are the orders in appeal and revision. he has moved this court for quashing the orders, exts. ..... government any goods; or(b) sells to a registered dealer other than the government goods of the description referred to in sub-section (3), shall be liable to pay tax under this act, which shall be one per cent of his turnover.xx xx xx xx (4) the provisions of sub-section (1) shall not apply to any sale in the ..... harmman on the strength of which the latter had obtained judgment against him and sold his goods. a copy of the warrant of attorney was filed with the officer acting as clerk of the docquets and judgments in the court of queen's bench on 11th march 1850, but no affidavit of the time of execution of such warrant .....

Commissioner of Income-tax Vs. Jose Thomas

Court : Kerala

Reported in : (2002)173CTR(Ker)336; [2002]253ITR553(Ker)

..... the assessment year 1991-92 are on the manner of computation and the extent ofrelief available to the assessee as a deduction on export profits providedunder section 80hhc of the income-tax act. in order to decide the controversy, we feel that the questions deserve to be redrafted to reflect the issuesarising in the case. however, prior to redrafting the questions, we find ..... as collateral security for business loan, the tribunal probably would have held that agricultural income arising from such land would also constitute 'business income' for the purpose of computation of eligible profit under section 80hhc of the act. similar is the nature of income in the form of dividend from sbi magnum. therefore, we are of the view that the tribunal went wrong in reversing .....

Commissioner of Income Tax Vs. Parry Agro Industries Ltd.

Court : Kerala

Reported in : (2006)206CTR(Ker)36; [2007]293ITR99(Ker)

..... of the it rules which brings only 40 per cent of the income under the central income-tax, the assessee is entitled to claim deduction under sections 80hhc and 80i on 60 per cent of the agricultural income as well?2. assessee is a public limited company deriving income mainly from the manufacture of tea from its own estates, seven in ..... per section 80hhc, deduction has to be computed on the basis of the income from such business. it was pointed out that section 2(24) defines income, which includes profits and gains. the income derived under the it act must be the income included in the total income on which income-tax is charged. further it was pointed out that in respect of the ..... there is exclusively of export of tea?3. whether, on the facts and in the circumstances of the case and on an interpretation of section 80hhc of the it act, should not the tribunal have taken the total turnover of the entire business including the assam tea estate since as regards the tea business is concerned, the .....

Commissioner of Wealth-tax Vs. E.K. Mathew

Court : Kerala

Reported in : (1993)113CTR(Ker)336; [1994]207ITR71(Ker)

..... , in computing the net wealth of the assessee, the value of the share of the assessee in the agricultural lands was includible in his net wealth and the assessee was entitled to exemption under section 5(1)(iva) of the wealth-tax act, 1957, to the extent of their value up to rs. 1,50,000. in the light of the above full ..... net wealth of the assessee, it was necessary to take into consideration the assessee's share in the wealth of the firm. a question arose as to whether the outstanding income-tax liability of the firm was deductible while computing the net wealth of the firm for determining the wealth of the assessee in the light of section 2(m)(ii) of ..... p. krishnamoorthy, j. 1. at the instance of the revenue, the income-tax appellate tribunal has referred the following three questions of law under section 27 of the wealth-tax act, 1957 :'(1) whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the assessee is entitled to exemption of rs. .....

Commissioner of Wealth-tax Vs. Smt. Kaethikamal Kumari Varma

Court : Kerala

Reported in : [1989]179ITR543(Ker)

..... act, no profit or gain could be said to arise and there was no capital gain exigible to tax under the income-tax act. in that case, the supreme court observed at page 516 :'in support of the submission that there is no ' ..... to the assets of the firm of which he is a partner, there was a transfer of a capital asset within the meaning of section 45 of the income-tax act ; but since, however, the consideration received by the assessee on such transfer does not fall within the contemplation of section 48 of the ..... j.1. the income-tax appellate tribunal, cochin bench, has, under section 27(1) of the wealth-tax act, 1957, referred the following question of law for the opinion of the high court :'whether, on the facts and in the circumstances of the case, the assessee-partner is entitled to exemption under section 5(1)(iva) in respect of the agricultural properties of the .....

K.S. Kannan Kunhi Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1969]72ITR757(Ker)

..... undisclosed sources, the assessee contended that the said amount came from past remittances from ceylon out of the earnings of the family and from savings from agricultural property. the above explanation was rejected by the income-tax officer; and his finding was affirmed both by the appellate assistant commissioner and the appellate tribunal. the appellate assistant commissioner, however, held that the sum of ..... and circumstances of the case, or it rejects the explanation without stating any grounds whatsoever, or upon a view of facts which could not reasonably be entertained by any person acting judicially, the case would fall within the principle laid down by the supreme court in mehta parikh & co.'s case, and the finding of the tribunal would not be valid .....

Mayakrishnan R. and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1998)IILLJ304Ker

..... and the remaining shall be filled or reserved to be filled by transfer of assistant sales tax officers, sales tax inspectors, agricultural income tax inspectors, agricultural income tax and sales tax inspectors, intelligence inspectors, checkpost inspectors and junior superintendents of the kerala agricultural income tax and subordinate service.notwithstanding anything contained in rule 2(12) of part i of the ..... contrary to the rule, or, is so irrational, unreasonable and arbitrary that no reasonable person in the position of the commission would have so acted, the action of the commission is not liable to be judicially reviewed on the mere ground that the reasons stated in justification thereof were not ..... 1992. s.r.o. no. 194/1993: in exercise of the powers conferred by sub- section (1) of section 2 of the kerala public services act, 1968 (19 of 1968), read with section 3 thereof, the government of kerala hereby make the following rules further to amend the kerala state and subordinate .....