Court : Kolkata
Reported in : AIR1924Cal668
..... . this is a reference by the commissioner of income-tax, assam, under section 66(2) of the income-tax act (act xi of 1922). the reference is made on the application of the assessee. the commissioner has held that income derived from pasturage is not assessable to income-tax on the ground that it is 'agricultural income' within sections 2 and 4 of the income-tax act. the crown does not now dispute the ..... . the applicant, however, contends that neither of these sources of income is assessable to income-tax, and he founds his contention upon two grounds : (i) that such income is 'agricultural income' as defined in section 2, and is exempted from assessability under section 4(3)(viii) of the income-tax act of 1922, (ii) that the imposition of income tax upon income derived from the sources in question would be an additional .....
Tag this Judgment!Court : Kolkata
Reported in : [1949]17ITR243(Cal)
..... of agricultural income-tax on the maharaja of tripura.question 4 - whether rule 22 of the rules under the assam agricultural income-tax act is ultra vires the government of ..... highness the maharaja of tripura in his capacity as ruler.the answer to question 2 must be that the income from chakla roshanabad is not liable to be assessed for agricultural income-tax under the assam agricultural income-tax act.the answer to question 3 must be that the assam agricultural income-tax act is not ultra vires the provincial legislature as on its true constructions it does not authorise the assessment .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]78ITR435(Cal)
..... of the company. however, the department has again preferred appeals against the same '.27. this question merely raises the effect in substance of an agricultural income-tax paid out of the till of the company but legally refundable by reason of the proceedings at the intermediate stage which again is covered by a ..... , as mentioned before, the assessee had preferred an appeal before the appellate assistant commissioner and the appellate assistant commissioner in his order observed as follows:'agricultural income-tax was a liability incurred in relation to the exempt assets. since the value of those assets has also not been taken into consideration, obviously no ..... tax act: what is the value which shall be estimated to be the price which, in the opinion of the wealth-tax officer, it will fetch if sold in the open market on the valuation date? the crucial date for facts is the date of valuation. the valuation date here is on 30th march, 1959. the actual records of the agricultural income-tax .....
Tag this Judgment!Court : Kolkata
Reported in : [1957]31ITR611(Cal)
..... commencement of the financial, and therefore the assessment, year did not coincide. nor has there been any adaptation of the bengal agricultural income-tax act of the nature of the adaptation of the indian income-tax act made in 1937 by the government of india (adaptation of indian laws) order or even on the present occasion by the ..... case with a diminished content. in the presence case, the old province of bengal ceased to exist altogether and the question of applying the bengal agricultural income-tax act which was amended, not at the beginning but at the middle or towards the end of the assessment year, presents a problem quite different from that ..... to have been overlooked. the 'practice' or 'working arrangement' referred to by the lawyer member is authorized by working in the general agricultural income-tax act. besides that the agreement does not include agricultural income. i do not see, for the reasons i have just stated, how any support could be derived from it for what the learned .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]157ITR149(Cal)
..... high court observed that coinciding with the enactment of the agricultural produce (development and warehousing) corporation act of 1956 (which was later replaced by the warehousing corporations act of 1962), parliament amended the indian income-tax act, 1922, by introducing sub-section (5) to section 14 of that act (corresponding to section 10(29) of the 1961 act). with the establishment of warehousing corporations and co-operative societies ..... made an application on may 23, 1973, under section 264 of the income-tax act before the commissioner of income-tax, west bengal, contending, inter alia, that, the assessee-corporation was formed by the government of west bengal for warehousing facilities, i.e. for storing and marketing agricultural commodities in the state, and the income derived by the said corporation arises from the warehousing charges received from .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal598
..... has been cited to us in which a specific sum, not expressed to be the rent or revenue of land used for agricultural purposes, has been held to be exempt from income-tax as being agricultural income as defined by section 2(1), income-tax act, 1922. in the case to which reference has already been made, b. & o. v. maharajadhiraj of darbhanga , ..... whether in the facts and circumstances of the case the sum of rs. 49,500 received by the assessee as his remuneration as mutwalli was agricultural income within the meaning of section 2(1), income-tax act' should be answered in the negative. no order is made as to costs in this matter.panckridge, j.10. i have reached the ..... shown in the return by mistake and that though the return itself did not indicate it, the amount mentioned was really agricultural income within the meaning of section 2, income-tax act, and as such was not liable to tax. the assessee stated that the first return was drawn up by his officers and that he being a busy gentleman, had .....
Tag this Judgment!Court : Kolkata
Reported in : [1941]9ITR292(Cal)
..... in the facts and circumstances of the case the sum of rs. 49,500 received by the assessee as his remuneration as mutwalli was agricultural income within the meaning of section 2(1) of the income-tax act' - should be answered in the negative.no order is made as to costs in this matter.panckridge, j. - i have reached ..... , not expressed to be the rent or revenue of land used for agricultural purposes, has been held to be exempt from income-tax as being agricultural income as defined by section 2(1) of the indian income-tax act, 1922.in the case to which reference has already been made, commissioner of income-tax, bihar and orissa v. maharajadhiraj of darbhanga (1) (1935) 62 ..... the return by mistake and that though the return itself did not indicate it, the amount mentioned was really agricultural income within the meaning of section 2 of the income-tax act and as such was not liable to tax.the assessee stated that the first return was drawn up by his officers and that he being a busy gentleman .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]87ITR459(Cal)
..... powers under the indian income-tax act, the excess profits tax act and the business profits tax act and no statute involving agricultural income-tax was invoked at all.14. article 1 of the agreement repeats:' the taxes which are the subject of the present agreement are the taxes imposed in the dominions of india and pakistan by the indian income-tax act, 1922....... the excess profits tax act, 1940...... and business profits tax act, 194.7...as adapted ..... the agreement for avoidance of double taxation and so far as relief in respect of taxed agricultural income is concerned, since that income is to be taxed as business income in india by reason of the definition of 'agricultural income' in section 2 of the indian income-tax act, 1922, it is allowable under section 49d(3) of the indian income-tax act, 1922.now, therefore, the position is that the assessee has: (1 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal432
..... appears that for some time there was no tax on incomes. in 1872 an act was passed for imposing duties on incomes arising from offices, properties, professions and trades, to be in force ..... distinction between agricultural income and non-agricultural income and it included income derived from land in india wherever situate. such income was taxed directly. the act of 1860, as i have said, ceased to operate in 1865. in 1867 it was again brought into operation and this time the act excluded agricultural income. in 1869 what was known as the certificate tax act was converted into a general income-tax act and it included agricultural income. thereafter it .....
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