Court : Orissa
Reported in : 42(1976)CLT922
..... section 68 of the act provides: 'where any sum is found credited in the books of an assessee maintained for any previous year, and the ..... other sense. a definition clause so expressed is ordinarily not exhaustive. the word 'income' in the act is formidably wide and vague in its scope. as was pointed out by the supreme court in the case of dooars tea co. ltd. v. commissioner of agricultural income-tax : [1962]44itr6(sc) , the word is of elastic import. 7. ..... of rs. 69,900 which the assessee claimed were cash credits, but the income-tax officer added it as the assessee's income under section 68 of the income-tax act.3. penalty proceeding was initiated under section 271(1)(c) of the act and the income-tax officer referred the matter to the inspecting assistant commissioner. the inspecting assistant commissioner imposed .....
Tag this Judgment!Court : Orissa
Reported in : 1991(I)OLR377
..... was thus not authorised to declare that the partition had not taken effect and that the deed of partition was in fact a. document created to avoid payment of agricultural income-tax since such a finding in effect was to order that the registered deed of partition was being cancelled. a question arose in civil revision no. 630 of 1986 ..... the settled-view of law that wherever the right, title and interest of the parties emanate from a document which is void in law, the authorities under the act would have jurisdiction to decide the question of right, title and interest, but where the document is a voidable one and the determination of right, title and interest ..... the case the commissioner felt that the presence of the petitioner nos. 1 and 2 was necessary, they could be impleaded as parties. the scheme of the act contemplates that at the land register preparation stage the parties who are aggrieved by the land records can file objections. such objections are adjudicated upon as regular us .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori258; 1995(I)OLR544
..... of the constitution. this question came up for consideration recently in shashikant laxman kale's case, air 1990 sc 2114, where section 10(10-c) of the income-tax act was under consideration. it was laid down by their lordships :--'we must, therefore, look beyond the ostensible classification and to the purpose of the law and ..... excluded since on those lands cess is payable under the orissacess act. though the impugned act apparently purports to levy tax on all lands except those agricultural lands in respect of which cess if leviable under the orissa cess act, for all practical purposes, the impugned act levies a tax on 'coal-bearing land' alone and this fact will be ..... crores still we are in short of rs. 100.00 crores, because of that judgment. government has come out with this bill for imposing tax on all types of land, agriculture, non-agriculture including mineral bearing lands. you know under item 49 of the state list of the constitution of india, the state is empowered to impose .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ2417
..... .19, the revenue inspector, has categorically stated that the lands are not irrigated. though the income from agriculture is subject to income-tax there is no material to show that the accused reflected any where about the claimed agricultural income, more particularly about enjoyment of income from agriculture of his two brothers.(c) 43. so far as the land purchased in the name of ..... as loan is not acceptable. it is to be noted here that under section 269 of the income-tax act, 1961, if a person received cash of rs. 10,000/- or more after 30-6-1984 it is an offence.(4) income from house property situated at aparna nagar, chauliaganj in the name of smt. manorama roul. source of ..... how a particular asset was acquired or an investment therein was made. the onus is at least similar to that as is expressed under section 68 of the income-tax act, 1961. the said section reads as follows:'68. cash credits. where any sum is found credited in the books of an assessee maintained for any previous year .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori131
..... above) regarding the privileges of rulers wherein it was mentioned that by the union government (who had exempted these properties of the rulers from income-tax) also desired that house tax should not be levied on the main residential palace of the rulers.6. but these assurances cannot have the effect of depriving the orissa legislature ..... on behalf of the petitioner con- tested the validity of the assessment to rent of the disputed lands on two grounds :-(i) the act is unconstitutional.(ii) the act applies only to agricultural lands and does not apply to the nazul lands or the palace compound of the petitioner.5. on the constitutional question, the main ..... in force in the concerned areas.the tenancy laws in orissa namely the orissa tenancy act, the madras estates lands act and the central provinces tenancy act -- all deal with lands used primarily for agricultural purposes. again, section 6 (a) of the act says that in estimating the fair and equitable rent payable, the revemie officer shall .....
Tag this Judgment!Court : Orissa
Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)
..... justified in law in modifying the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the total income on which deduction under section 36(1)(viii) of the income-tax act, 1961, has to be computed must be calculated before deducting ..... following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28-- ... (viii) in respect of any special reserve created by a financial corporation which is engaged in providing long-term finance for industrial or agricultural development in india or by a public company formed and registered in india with the main .....
Tag this Judgment!Court : Orissa
Reported in : [1965]58ITR457(Orissa)
..... keonjhar durbar some years prior to the date of merger. this amount was exempted from payment of income-tax by virtue of section 4 of the keonjhar income-tax regulation, 1938 (annexure'a'), which was as follow :'agricultural income, income derived from property held for religious or charitable purposes, members of the raj family not removed from ..... effect of this sub-section, therefore, was that the keonjhar income-tax regulation, 1938, ceased to have effect and the indian income-tax act became the law relating to income-tax in keonjhar state also with effect from april 1, 1949. section 60a of the income-tax act conferred power on the central government to grant exemptions in appropriate cases ..... ruler of keonjhar in exercise of his legislative powers. but this distinction does not very much help the assessee. in those two cases the indian income-tax act was applied to gwalior (which was a part b state) with effect from 1950, after the constitution came into force; and hence, their lordships .....
Tag this Judgment!Court : Orissa
Reported in : [1993]201ITR881(Orissa)
..... a. pasayat, j. 1. at the instance of the revenue, the following questions have been referred to this court under section 256(1) of the income-tax act, 1961 (in short, ' the act' ), by the income-tax appellate tribunal, cutlack bench, cuttack (in short, ' the tribunal') :' (i) whether, on the facts and in the circumstances of the case, the assessee is ..... entitled to deduction of rs. 11,59,027 under section 80p(2)(a) of the income-tax act, 1961 ? (ii) on the facts and in the circumstances of the case and on a correct interpretation of section 80p(2)(a), whether the tribunal was justified in ..... 80p(2)(a) of the it. act, whether the income-tax appellate tribunal is justified in holding that the assessee is entitled to deduction of rs. 11,59,027 being the income from business in minor forest produce without making any adjustment for the loss of rs. 45,625 incurred on business in marketing of agricultural produce of its members ?' .....
Tag this Judgment!Court : Orissa
Reported in : [1986]61STC40(Orissa)
..... , committed serious error of law and procedure in clubbing up together all the 16 cases (including this case) relating to forest dues, central sales tax dues, orissa sales tax dues, agricultural income-tax dues and orissa taxation (on goods carried by road and inland waterways) dues and in issuing a sale proclamation for realisation of a consolidated amount ..... tune of rs. 49,316.73 by a certificate under the provisions of section 5 of the said act. on receipt of notice under section 6 of the act the petitioner filed objection under section 8 of the act, but the same was rejected by opposite party no. 2. thereafter, the petitioner preferred appeal and ..... 290 of 1978 as common questions of law were raised in these cases.2. the sales tax officer, sambalpur-iii circle (opposite party no. 5), issued a requisition under section 4 of the orissa public demands recovery act (hereinafter called the 'act') to opposite party no. 2, the special certificate officer, sambalpur, for recovery of dues .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori187
..... schedule attached to the petition, under the provisions of the orissa development of industries, irrigation, agriculture, capital construction and resettlement of displaced persons (land acquisition) act 1948 (orissa act xviii of 1948 -- hereinafter referred to as the act).the impugned notification may be quoted in full:' industries department,notificationthe 27th june 1953. no. ..... , capital construction scheme, and. scheme for resettlement of displaced persons, and other similar schemes dealing with development of agriculture and irrigation.the normal law dealing with land acquisition, namely the land acquisition act, was intended to be applied in other (non-urgent) cases. the legislature may be presumed to be aware ..... of the act. but this objection isuntenable in view of the three decisions of thesupreme court reported in state of west bengalv. subodh gopal, air 1954 sc 92 at p. 104 (a);m. k. ranganatham v. govt. of madras, (s) air1955 sc 604 at p. 608 (b) and commr. of income-tax m. p .....
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