Court : Rajasthan
Reported in : (2002)177CTR(Raj)595
..... dispenses with those conditions by which section34 of the indian income tax act is circumscribed. the point which was thus left over by gajendragadkar ..... ) 'we may say at once that the words of section 26 of the act do not involve possessing of or coming by some fresh information. the section says :if for any reason any agricultural income chargeable to agricultural income-tax has escaped assessment for any financial year ..... the agricultural income tax officer may proceed to assess such income .....the use of the words any reason which are of wide import .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]244ITR272(Raj)
..... , where the maintenance of a research station for the coffee board was held exempt from liability of agricultural income-tax under the mysore agricultural income-tax act, 1957. he, as such, finally allowed the exemption to the trust under section 11 of the income-tax act, 1961.13. the tribunal found as follows :(1) that clause 2(vi) of the principal deed ..... of settlement plainly and unequivocally permitted the trustees to utilise the income of the trust to ..... circumstances of the case, the tribunal was not justified in holding that the assessee-trust is not entitled to exemption under section 11 of the income-tax act, 1961.' 25. we are satisfied that there are undisputedly no distinguishing features or change in the facts and circumstances of the assessee's case .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)211CTR(Raj)169
..... on by different persons, while the grower of tea remains exempted from tax as his income from growing tea leaves has attributes of agricultural income, the person who applied the process thereafter to make ..... a natural vegetable product and income derived therefrom falls within the ambit of agricultural income and exempted from tax. if the producer of tea himself applies the process of bringing it to consumable stage to be marketed thereafter, it still carries the character of agricultural income because of provision under clause (1a) of section 2 of income tax act, 1961 and remains exempted from tax. if two activities are carried .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN687
..... not lend any assistance to the petitioners as the meaning of expression 'holds' was considered in particular context of section 12 and 13 of the assam agricultural income tax act, 1939. their lordships have themselves observed that 'sometimes it is used only to mean actual possession.' in this view of the matter i am clearly ..... the supreme court in k.k. handique v. the member, board of agricultural income tax assam (supra) while determining the question whether managing trustees can be assessed for agricultural income-tax on the total income from the trust properties under section 12 or 13 of the act observed as under:the expression 'holds' includes a two-fold idea of the ..... the same in stock. holding the same does not necessarily mean that the person should have ownership over it. in kk handique v. the member. board of agricultural income-tax, assam : [1966]60itr216(sc) it was held that the expression 'holding' connotes possession and title, but it has been further added ' sometimes it is .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN402
..... considered and held to be that in view of the exhaustive definition of 'agricultural produce', timber comes in the mischief of agricultural produce' as defined in the act. this case considered all the cases on the point about the meaning of agricultural produce. it considered the decision reported in commissioner of income-tax, west bengal calcutta v. benoy kumar sahas roy : [1957]32itr466(sc) in particular ..... , this judgment is of no help to the respondents.5. in a case reported in commissioner of income-tax, west bengal calcutta v. benoy kumar sahas roy : [1957]32itr466(sc) it has been held that if the definition has been given about agriculture in the act itself, this has to be looked into for the purpose of interpret-tion of the terms in the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]19STC416(Raj)
..... all conceivable bases which might be urged in support of the notification before they can be successful in showing that the same was discriminatory.14. in khandige sham bhat v. agricultural income-tax officer, kasaragod and anr. [1963] 48 i.t.r. (s.c.) 21 their lordships observed as follows :it is true, taxation law cannot claim immunity from the equality ..... jaipur, march 26, 1962.no. f. 5(99) e. & t./60.-in exercise of the powers conferred by sub-section (2) of section 4 of the rajasthan sales tax act, 1954 (rajasthan act 29 of 1954), and in supersession of this department notification no. f. 5(3) e. & t./58 dated the 31st january, 1958, the state government being of the ..... , january 31, 1958.no. f. 5(3) e. & t./58.-in exercise of the powers conferred by sub-section (2) of section 4 of the rajasthan sales tax act, 1954 (rajasthan act 29 of 1954), the state government, being of the opinion that it is necessary in the public interest so to do, does hereby exempt the sale of any garments .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN877
..... :the use of the words 'any reason' which are of wide import dispenses with those conditions by which section 34 of the indian income tax act is circumscribed'.'see d.b. civil writ petition no. 655 ..... reason' in section 12(1) of the act are wide enough and the powers of the commercial taxes officer under the section are not circumscribed by any condition. in maharajadhiraj shri kameshwar singh v. the state of bihar, their lordship while interpreting the bihar agricultural income tax act, 1938, which used the same expression, observed ..... in this connection mr. mehta has invited my attention to deputy commissioner of agricultural income tax and sales tax. quilon v. dhanlakshmi vilas cashew co. 24 stc 491; the state of kerala v. k.e. nainan 26 stc 251; the commissioner of agricultural income-tax trivendrum v. smt. lucy kochuvereed 1976 uj (sc) 598; shri d.d .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN815
..... expression, observed:the use of the words 'any reason' which are of wide import, dispenses with those conditions by which section 34 of the indian income-tax act is circumscribed.see d.b. civil writ petition no. 665 ..... in section 12(1) of the act are wide enough and the powers of the commercial taxes officer under the section are not circumscribed by any condition. in maharajadhiraj sir kameshwar singh v. the state of bihar : [1959]37itr388(sc) , their lordships while interpreting the bihar agricultural income-tax act, 1938, which used the same ..... , laying down that the reasons for initiating action under section 34 of the income-tax act, as a condition for the initiation of the proceedings, need not be disclosed to the assessee.15. the decision in deputy commissioner of agricultural income-tax and sales tax, quilon and anr. v. dhanalakshmi vilas cashew co. (1969) 24 stc 491 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLC374; 2002(5)WLN174
..... children.'in the form of declaration of 'annual income' gross annual income was to be shown under the following heads-(i) gross salary.(ii) property income. (iii) interest income. (iv) dividend income, (v) business income, (vi) professional income, (vii) vocational income. (viii) agricultural income. (ix) income from other sources not covered under (vii) e.g. pension etc. in the income tax return, the gross total income of the petitioner and her spouse was rs ..... it. the contention of the petiti6ner was that the capital gain though not income yet deemed to be income due to legal fiction under the income tax act, 1961. in the application for dealership gross annual income was to -be shown and not the gross total income under the income tax act, 1961. in the format where income was to be shown under various heads there was no column for 'capital .....
Tag this Judgment!Court : Rajasthan
Reported in : [1998]229ITR252(Raj)
..... of section 36 of the income-tax act for computing the income under the head 'profits and gains of business and profession'. the said clause during the year under assessment read as under ;'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, an amount ..... ) is to be computed before making any deduction under chapter vi-a as well as any deduction under section 36(1)(viii) of the income-tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that interest amounting to rs. 17,65,281 ..... revenue, the tribunal has formulated the following two questions of law arising out of its order dated may 20, 1984, and referred under section 256(1) of the income-tax act, 1961 :'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the allowance under section 36(1)(viii .....
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