Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 17 income tax authotities Court: kolkata appellate Page 1 of about 80 results (0.121 seconds)

Duncans Industries Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)87ITD457(Kol.)

..... at the time of assessment under the provisions of agricultural income-tax act of the relevant state. it would thus be relevant to refer to the bengal agricultural income-tax act, 1944 which reads as under:- 8. computation of tax on mixed incomes - (1) in the case of income which is partially agricultural income assessable under this act and partially income chargeable under the [head of income "business" or "profits and gains of business or profession ..... ", as the case may be, under the enactments relating to indian income tax], agricultural income-tax shall be payable by an assessee .....

Goodricke Group Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1995)53ITD558(Kol.)

..... .t. rules, which at first sight would appear to be only a rule of apportionment or computation, must really be treated as incorporated in the definition of the term "agricultural income" in the income-tax act. we do no see how the assessee's submission can be accepted in the face of the categorical ruling of the highest court of the country which is the ..... 667 that the definition of 'agricultural income' in the constitution of india and the income-tax act, 1922 was bound up with rule 24 of the income-tax rules which provided that 40 per cent of the composite income shall be treated as business income and 60 per cent shall be treated as agricultural income. the same has been held to be the position under the income-tax act, 1961 read with rule 8 .....

Murlidhar Kanoi Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)93ITD615(Kol.)

..... (other than a h.u.f., a company or a firm) which in the relevant previous year has either no income chargeable to tax under the income tax act or has total income not exceeding the maximum amount not chargeable to tax, but has any agricultural income, then, the agricultural income or loss of the association of persons or body of individuals shall be computed in accordance with the rules contained ..... we find it appropriate to refer provisions related to the rules for computation of net agricultural income as laid down in annual finance acts. there is no doubt that net agricultural income is entirely exempt from tax under the income tax act; but under the provisions of the finance act, 1973 and the subsequent finance acts the agricultural income has to be taken into account for the purpose of determining the rate of .....

Mcleod Russel (India) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1994)49ITD396(Kol.)

..... of the ito under the income-tax act, 1961, in apportioning 40% of rs. 39,24,434 as income liable to income-tax and deducting 8% under section 80-1 only from the balance.no doubt, the madras ..... in taking 60% of rs. 39,24,434 as agricultural income liable to tax under the madras agricultural income-tax act without deducting therefrom 8% under section 80-1. the madras high court directed the agricultural ito to deduct 8% from rs. 39,24,434 and take 60% of the balance as the true agricultural income taxable under the agricultural income-tax act. the high court was not sitting in judgment over the action .....

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)301ITR171(Kol.)

..... of law". admittedly, the central government enjoys the constitutional right to levy tax on income. the income-tax act also provides the levy of tax upon the income of the assessee. however, such income has to be computed in accordance with the provisions prescribed under the income-tax act which includes the disallowance under certain circumstances. the issue of constitutional validity ..... the allahabad high court held as under (headnote): the idea in enacting clause (f) of rule 6dd of the income-tax rules, 1962, was that since the cultivators, growers or producers of agricultural or forest produce, produce of animal husbandry, fish or fish products are mostly residents of rural areas not used to ..... subsidiary bank as defined in section 2 of the state bank of india (subsidiary banks) act, 1959 (38 of 1959) ; (iv) any primary agricultural credit society as defined in clause (cii) of section 2 of the reserve bank of india act, 1934 (2 of 1934), or any primary credit society as defined in clause ( .....

Bishnauth Tea Co. Ltd. and Stewart Vs. Joint Commissioner of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... said decision/ratio cannot have any bearing on allowability of green leaf cess paid under central income-tax assessment. while coming to its decision with reference to agricultural income-tax, the court never held that the expenditure is not allowable in computing income under the central act. the decision, therefore, cannot be applied in the present case. the ratio of (sic) judgment is to be applied only ..... application of rule 8 of the it rules, 1962 (the central 'rules'), the 40 per cent being subject to central income-tax under the it act (the "central act") and the balance 60 per cent to assam agrl. it under the assam agrl. it act, 1939 (the "agricultural act").the appellants had claimed the said cess paid during the relevant previous year as a deductible expenditure under the central .....

Bishnautha Tea Co. Ltd. Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2002)77TTJ(Kol.)45

..... , 1962 (hereinafter referred to as the 'central rules'), the 40 per cent being subject to central income-tax under the income tax act (hereinafter referred to as the "central act") and the balance 60 per cent to assam agricultural income-tax under the assam agricultural income tax act, 1939 (hereinafter referred to as the "agricultural act").the appellants had claimed the said cess paid during the relevant previous year as a deductible expenditure under the ..... central act. the assessing officer had allowed the deduction in determining the composite income from growing, manufacturing and sale .....

Assistant Commissioner of Vs. Jamuna Flour and Oil Mills (P.)

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1992)41ITD260(Kol.)

..... to the assessee's appeal in ita no. 1658 (cal.)/89 which is directed against the order of the cit, wb-iv, calcutta dated 3-3-1989 passed under section 263 of the income-tax act, 1961. by this order, the cit considered the assessment order passed by the ito on 27-3-1987 as erroneous insofar as it was prejudicial to ..... next submitted that similar levies of market fee under other state enactments such as rajasthan agricultural produce markets act, 1961 have been held to be not forming part of the sale price for computing the taxable turnover of the assessee under the sales tax act. for this he relied on the decision of the rajasthan high court in the case of ..... relied on by both slides as set out above.24. in our view, the market fee collected by the assessee in the present case under the bihar agricultural produce markets act, 1960 does not represent a trading receipt. this position is now well settled by the decisions of the rajasthan high court and the allahabad high court referred .....

Karam Chand Thapar and Bros. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1986)18ITD236(Kol.)

..... of the hon'ble supreme court in the case of cait v. lucy kochuvareed [1976] 103 itr 799 which related to the revisional order of the commissioner under the kerala agricultural income-tax act, 1950, related to excessive allowance allowed by the assessing officer in respect of expenses incurred by the assessee. the commissioner set aside that assessment order for fresh disposal by the ..... was justified in invoking his jurisdiction under section 263.1. the appeal by the assessee is directed against the order of the commissioner as passed under section 263 of the income-tax act, 1961 ('the act'). the appeal by the assessee is that the commissioner erred in holding that the assessment order made by the ito under section 143(3) of the .....

Joint Commissioner of Income-tax Vs. Haldia Investment Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)85ITD212Cal

1. this appeal by the revenue for the assessment year 1997-98 is directed against the order dated 28-12-2000 of cit(a)-xii, kolkata and the only dispute is relating to application of explanation to section 73 of the income-tax act, 1961 and, accordingly, entitlement of set-off of carry forward loss of rs. 69,20,855 claimed by the assessee. rival ..... chapter via. as per the prescribed form of return of income, the income from various heads is to be disclosed and the sum total of the income from various sources will constitute the gross total income. thereafter deductions under chapter via are to be reduced in order to find out the total income which is taxable. agricultural income is to be shown separately and, therefore, this may .....