Court : Kolkata
Reported in : AIR1966Cal438
..... terms of the provisions of section34.32. in the case of commr. of agri. income-tax v. sultan ali, reported in (1951) 20 itr 482, calcutta high court had occasion to consider section 34 of the bengal agricultural income-tax act. 1944 which substantially cor-responds with section 34 of the indian income-tax act. in that case, a notice was given to the assessee under section 22 (2 ..... ) and in compliance with that notice the assessee made a return and the income tax officer assessed the assessee under section 34. in those circumstances, the .....
Tag this Judgment!Court : Kolkata
Reported in : [1988]71STC404(Cal)
..... reported in : [1971]81itr509(kar) , the mysore high court considered section 20(1) of the mysore agricultural income-tax act, 1957 which is in pan materia with section 141 of the income-tax act, 1961. it was held in that case that under section 20(1) of the mysore act the assessing authority has power only to call upon the assessee to pay ..... in the regular assessments were in excess of those returned by it. appeals were pending against the orders of assessment. the income-tax officer made a provisional assessment on the company under section 141 of the income-tax act, 1961, recomputing the aggregate losses of earlier years on the basis of the computations in the regular assessments for the ..... tax provisionally on what he admits as his taxable income.23. in my judgment rule 27aa(2)(c) .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]40STC419(Cal)
..... relied on the determination of the kerala high court in the case of mubarak stores v. intelligence officer, agricultural income-tax and sales tax, cannanore [1974] 33 s.t.c. 526, where on the relevant provisions of the kerala general sales tax act, 1963 and, more particularly, in view of the language of section 28(3)(a), it has been ..... the determination by the supreme court in the case as mentioned hereinbefore and the more so on the basis of the specific requirements of section 127(1) of the income-tax act, would have no application. mr. roy, on the other hand, relying on the determination in bidya deb barma v. district magistrate, tripura a.i.r. 1969 ..... serious infirmity. such determination was made as it was observed that:the requirement of recording reasons under section 127(1) of the income-tax act, 1961, for the transfer of a case from one income-tax officer to another, is a mandatory direction under the law and noncommunication thereof to the assessee is not saved by showing that the .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)193CTR(Cal)637,[2004]270ITR167(Cal)
..... act by reason of the fiction so created. therefore, the cess paid has ..... 60 : 40 of which 40 is assessable to tax under the act. it does not provide that after apportionment of the 60 per cent. of the income so computed shall again be required to be computed under the agricultural income-tax act. on the other hand, this 60 per cent. is exposed and becomes exigible to tax under the agricultural income-tax act without being required to be assessed under the said .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)187CTR(Cal)113
..... and manufactured for the purpose of computation as income derived from business for the purpose of apportionment of the income of the agricultural part and the business part. by reason of this fiction the income derived from tea grown and manufactured by the seller though an agricultural income is computed under the act not under the provisions of the agricultural income-tax act assessable by the state. the extent of this ..... apportionment has already been specified. the question we are to determine is as to what extent this fiction will continue. in order to arrive at the stage of apportionment, the total income derived from sale of tea .....
Tag this Judgment!Court : Kolkata
Reported in : [1949]17ITR220(Cal)
..... accounting period should be made under clause (c) of section 7 of the assam agricultural income-tax act, 1939 (assam act ix of 1939).9. is the income derived from the chakla roshanabad estate liable to tax under the assam agricultural income-tax act -(a) by assessment upon the state of tripura or(b) by assessment upon his ..... question 5 - whether the money received from the assam government under the agreement dated february 13. 1897, was 'income' or 'agricultural income' within the meaning of the assam agricultural incomes-tax act 1939 (assam act ix of 1939).it appears that the maharaja had given a lease of certain property to the south sylhet tea ..... meaning of section 30 of the assam agricultural income-tax act, 1939 (assam act ix of 1939).7. whether the salami realised in respect of settlement of lands is agricultural income within the meaning of the assam agricultural income-tax act, 1939 (assam act ix of 1939).8. whether in determining the agricultural income a deduction of 15 per cent. .....
Tag this Judgment!Court : Kolkata
Reported in : [1949]17ITR426(Cal)
..... in this particular act. the definition of the term 'agricultural income' in this act, viz., bengal agricultural income-tax act, is in terms similar to the one appearing in section 2(1) of the indian income-tax act. the test applied for the considering what class of income is excluded from assessment under the income-tax act as being agricultural income will accordingly, be the same for determining what is assessable as agricultural income under the bengal agricultural income-tax act. we must ..... . 90,220-1-0 derived from the sale of sal trees in the forests of the assessee can be treated as agricultural income within the meaning of section 2 of the bengal agricultural income-tax act, 1944.'agricultural income is defined in section 2(1) of the bengal agricultural income-tax act. the relevant portion of the section which requires considerations in the present case is in the following terms :-'2(1 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal486
..... the extent to which the profit from tendu leaves could be ascribed to the process of pruning the tendu leaves, it was agricultural income within the meaning of section 2(1) of the indian income-tax act. since it is not definite to what extent pruning has been resorted to an estimated amount equivalent to 50% of the ..... that can be called agricultural and therefore such operations do not give rise to income which would be agricultural income and subject to exemption. after this judgment in raja benoy kumar saha roy's case was published, the income-tax officer served upon the applicant a notice under section 34(1)(b) of the income-tax act on 14 february 1958 ..... total profit on account of tendu leaves is allowed as agricultural income.....the assessee claims that the entire income as shown above should be allowed a deduction. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal492,[1960]40ITR163(Cal)
..... the extent to which the profit from tendu leaves can be ascribed to the process of pruning the tendu leaves, it wa,s an agricultural income within the meaning of section 3(1) of the indian income-tax act. since it is not definite to what extent pruning has been resorted to. an estimated amount equivalent to 50 p.c. of ..... operations do not give rise to income which could be said to be agricultural and as such subject to exemption. as i have said, : [1939]7itr493(cal) (supra) was expressly dissented from. on or about february; 1958 the income-tax officer served the petitioner company with a notice under section 34(1) (b) of the income tax act, calling upon it to file a ..... the total profit on account of tendu leaves is allowed as agricultural income'.2. so far as the assessment of that particular year is concerned there was .....
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