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Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 17 income tax authotities Court: kolkata Page 8 of about 1,269 results (0.421 seconds)

May 15 1969 (HC)

Commissioner of Income-tax Vs. Chhotanagpur General Trading Co. Ltd.

Court : Kolkata

Reported in : [1971]79ITR161(Cal)

..... under section 2(4a) of the indian income-tax act, 1922, so far as it is material for this purpose, as a property of any kind held by an assessee but excluding any land from which income derived is agricultural income. it has been found that the land in question yielded agricultural income only. so the income derived from the land is agricultural income. the lease with which we are concerned ..... amounts, were taxable as capital gains under section 12b of the indian income-tax act, 1922. the income-tax officer was of the opinion that the assessee had only a lessee's interest in the land and the transfer by the assessee of that interest was not a transfer of land from which agricultural income was derived. 2. there was an appeal before the appellate assistant commissioner .....

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Aug 08 1989 (HC)

Commissioner of Income-tax Vs. Teesta Valley Co. Ltd.

Court : Kolkata

Reported in : [1991]187ITR657(Cal)

..... . phalton sugar works ltd. : [1980]121itr920(bom) , the bombay high court was concerned with the determination of income under the maharashtra agricultural income-tax act, 1962. under the said act, agricultural income-tax was levied in respect of the total agricultural income of the previous year. the year of assessment as defined in the act was a period of 12 months commencing on the first day of april every year. the assessee ..... to the previous year as well as for a period subsequent thereto. the court held that the assessee was not entitled to do so under the provisions of the maharashtra agricultural income-tax act, 1962. this case, cited on behalf of the revenue, has no application to the controversy involved in the present case before this court.13. in .....

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Sep 17 1965 (HC)

Sri Sri Sridhar Jiew and Another Vs. Income-tax Officer, District Ii(i ...

Court : Kolkata

Reported in : [1967]63ITR192(Cal)

..... an individual, must be signed by the individual himself. dr. pal argues that the consequences of analogous rules in the bengal agricultural income-tax act, 1944, were considered by the supreme court in commissioner of agricultural income-tax v. sri keshab chandra mandal. the facts in that case were as follow : in response to a notice issued under ..... be signed in the case of an individual by the individual himself. the learned judge said as follows :'....there are many indications in the bengal agricultural income-tax act, 1944, and the rules made thereunder evidencing an intention to exclude the common law rule in the matter of the signature of the assessee, appellant ..... section 24(2) of the bengal agricultural income-tax act, 1944, which corresponds to section 22(2) of the said act, the assessee submitted return showing his total agricultural income for the assessment year 1944-45 to be rs. 335. this return was dated the 3rd april, .....

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Dec 22 1959 (HC)

Birendra Kumar Datta Vs. Commissioner of Income-tax, Calcutta

Court : Kolkata

Reported in : AIR1960Cal323,[1961]42ITR661(Cal)

..... no express words to that effect in section 11(1) of the u.p. agricultural income-tax act, 1948. the language used in section 41 of the indian income-tax act is very different from that used in section 11 of the u. p. agricultural income-tax act, 1948. though a trustee may not hold trust properties on behalf of the beneficiaries, ..... 33itr472(sc) . in that case the trustees of certain immovable properties situated in uttar pradesh claimed that the income of the trust properties should he computed in accordance with section 11(1) of the u.p. agricultural income-tax act, 1948. now that section applied to the case of any person who held land as a common manager or ..... he may be entitled to receive the income of the trust properties in his representative character as .....

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Nov 24 1964 (HC)

Commissioner of Income-tax (Central) Vs. Standard Vacuum Oil Co. Ltd.

Court : Kolkata

Reported in : AIR1967Cal68

..... of purchasing some coffee, tea and rubber plantations should be deducted from his gross income in computing his agricultural income under the madras plantations agricultural income tax act. in applying section 5 (e) of that act which was worded very similarly to section 10 (2) (xv) of the income tax act the court held that the interest paid did not savour of the nature of a ..... be a necessary expenditure which he must incur for the purpose of his business and be covered by the wording of section 10 (2) (xv) of the income-tax act.5. it was, however, contended on behalf of the revenue that the imposition had to be met not because the assessee's carrying on a business but by ..... the purpose of its business is allowable as a deduction under section 10 (1) or section 10 (2) (xv) of the indian income-tax act, 1922.2. the contention of the assessee before the income-tax officer was that in order to carry on its business the company had to possess wealth in the form of various assets and therefore, .....

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Sep 04 1957 (HC)

Commissioner of Income-tax, West Bengal, Calcutta Vs. Govindalal Dutta

Court : Kolkata

Reported in : AIR1958Cal195,[1958]33ITR630(Cal)

..... types not contemplated by section 22 (1). dealing with the identical question with reference to the corresponding sections of the bengal agricultural income-tax act, i had occasion to explain the true meaning of section 22 (3) in the case of commr. of agricultural income-tax v. sultan ali gharami : [1951]20itr432(cal) . i see no reason to modify the view which i then ..... had suffered, a loss, but it is clear that he had even no right to report his loss to the income-tax officer by filing a return. the view of the appellate tribunal that section 22 (3) of the act provides for the filing of a voluntary return, showing loss, at any time before the assessment is made, appears to ..... has now been removed by a change in the definition, whereby not only a person by whom income-tax is payable under the act, but also every person in respect of whom any proceeding has been taken for the assessment of either his income or the loss sustained by him has been brought within the ambit of the definition.14. a .....

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Oct 04 2016 (HC)

M/S Binaguri Tea Company Pvt Ltd Vs. Deputy Commissioner of Income Tax ...

Court : Kolkata

..... the subject matter of challenge in this appeal is a judgement and order dated 1st june, 2016 by which the learned income tax appellate tribunal refused to exercise jurisdiction under section 254(2) of the income tax act, for the following reasons: the learned counsel for the assessee reiterated the stand of the assessee as contained in the ..... to its employees was not solely for the purpose of business. the expenditure incurred was both for the purpose of business and for the purpose of agriculture. the submission that the expenditure on account of fringe benefits had already been taken into account was not correct. the net profit and loss of the ..... thereto, the appellant discovered that the learned tribunal had changed its view as regards the applicability of income tax rule 8 to the fringe benefit tax. the appellant, in the circumstances, had applied under section 254(2) of the income tax act within less than two months from the day when the appeal was dismissed. the learned tribunal however .....

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Jul 23 1963 (HC)

Birds Investments Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1965]35CompCas143(Cal),[1965]55ITR284(Cal)

..... . state of bihar, : [1959]37itr388(sc) , dealt with the scope of section 34 of the income-tax act which is similar to the appropriate provision in the agricultural income-tax act of bihar and have approved of the previous decision of the. supreme court on this point. in bhimraj panna lal v. commissioner of ..... of the original assessment order and that information must lead to his belief that income chargeable to tax has escaped assessment, has been under-assessed or assessed at too low a rate and has been made the subject of excessive relief. in a case arising out of the agricultural income-tax act of bihar, their lordships of the supreme court, in makarajadhiraj sir kameshwar singh v .....

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Mar 14 1991 (HC)

Calcutta Electric Supply Corporation (India) Ltd. Vs. Income-tax Offic ...

Court : Kolkata

Reported in : [1992]197ITR563(Cal)

..... allow interest under section 214 to the writ petitioner-assessee at the rate of 12 per cent. or such other rate as may be prescribed under section 214 of the income-tax act, 1961, or any other relevant law from april 1, 1970, until the date of the correct fresh assessment order to be passed as per my order herein on the ..... the objection is raised only with regard to the sum of rs. 5,80,705 which, in that order, is declared to be the interest under section 214 of the income-tax act, 1961.2. the case of the writ petitioner is that the original assessment for the assessment year 1970-71 was made by an order dated march 30, 1973. thereafter ..... , from the effect giving assessment order till the date of payment, mr. pal for the writ petitioner has relied upon a decision of the delhi high court reported in national agricultural co-operative marketing federation of india ltd. v. union of india : [1981]130itr928(delhi) . the case supports the contention that, under section 214(2), interest is to be .....

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Aug 25 1993 (HC)

Commissioner of Income-tax Vs. Suman Tea and Plywood Industries (P.) L ...

Court : Kolkata

Reported in : (1993)115CTR(Cal)156,[1993]204ITR719(Cal)

..... income is taken as the total income exigible to income-tax being the non-agricultural part of the assessee's total income. the majority view of the supreme court in nandlal bhandari : [1966]60itr173(sc) , held that the portion of the depreciation which entered into the computation of income taxable under the indian income-tax act ..... , 1922, was the depreciation which had been actually allowed. the fact that, in the first stage of computation of the total income ..... less all depreciation actually allowed to him under this act, or under the indian income-tax act, 1922 (11 of 1922), or any act repealed by that act, or under any executive orders issued when the indian income-tax act, 1886 (2 of 1886), was in force :' .....

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