Court : Rajasthan
Reported in : (1995)121CTR(Raj)479; [1995]212ITR88(Raj)
..... capital gains made on the sale of land situate in india, which land is used for agricultural purposes would be revenue derived from such land, and, therefore, agricultural income within the meaning of section 2(1) of the income-tax act, 1961, and parliament would have no legislative competence to tax such agricultural income. it was observed by the tribunal that despite the retrospective amendment made in section 2 ..... (14), any profit arising from the sale of agricultural land cannot be subject to capital gains tax, because it is agricultural income being revenue within the meaning of section 2(1 .....
Tag this Judgment!Court : Rajasthan
Reported in : [2004]137STC74(Raj)
..... apex court in maharajadhiraj sir kameshwar singh v. state of bihar reported in : [1959]37itr388(sc) dealing with section 26 of the bihar agricultural income-tax act, which is in pari materia to section 12 of the act, held that the use of words 'any reason' which are of wide import dispenses with those conditions by which section 34 of the ..... in maharajadhiraj sir kameshwar singh's case : [1959]37itr388(sc) . learned counsel has referred to the decision of the apex court in deputy commissioner of agricultural income-tax and sales tax v. dhanalakshmi vilas cashew co. reported in [1969] 24 stc 491. he has also referred to another decision of the apex court in sales ..... income- tax act is circumscribed. it is submitted that the expression 'for any reason' used in clause (b) of sub-section (1) of section 30 of the act of 1994 and the expression 'in any way and under any circumstances' used in clause ( .....
Tag this Judgment!Court : Rajasthan
Reported in : [2009]180TAXMAN333(Raj)
..... treating the land as an agricultural land and exempted under section 2(1)(b) of the income-tax act, 1961 ?2. heard learned counsel for the parties.3. learned counsel for the revenue has pressed ..... income-tax act and, therefore, the profit or gain arising from this transfer was chargeable to income-tax under the head 'capital gains' as per section 45 of the income-tax act, 1961 ?2. whether on the facts and in the circumstances of the case the tribunal was right in holding that the sale price realised on the sale of the land was an agricultural income ..... of revenue derived from land and therefore, outside the ambit of 'agricultural income'. such income, therefore, is liable to capital gains tax chargeable under section 45 of the 1961 act.parliament has, as aforestated, the power to define what agricultural income is in the 1961 act; the amendment of clauses (1a) and (14) of section 2 .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)177CTR(Raj)274
..... the interest was allowed to the assessee under section 244(1a) of the income tax act, 1961, the interest could not have been withdrawn in an order under section 154 of the income tax act, 1961. this issue has been considered by delhi high court in the case of national agricultural co-operative marketing federation of india ltd. v. union of india : ..... [1981]130itr928(delhi) and cit v. dalmia cement (bharat) ltd. : [1982]137itr681(delhi) . while considering ..... section (1) shall be payable to him in respect of the amount so found to be in excess.'7. sub-section (1a) of section 244 of the income tax act, 1961, has been inserted with effect from 1-4-1975. before we go into the facts of the case in hand, we would like to refer some .....
Tag this Judgment!Court : Rajasthan
Reported in : [1972]29STC699(Raj); 1971(4)WLN702
..... modification, it is open to this court to resettle and reframe the question to bring out the real point in issue between the assessee and the taxing authorities.6. in another calcutta case, commissioner of agricultural income-tax v. sultan ali gharami [1951] 20 i.t.r. 432, chakravartti, j., who spoke for the court stated as follows :in view ..... and, at any rate, the opportunity given was not reasonable. the case of electro house v. commissioner of income-tax, west bengal ii [1968] 70 i.t.r. 421, related to a notice under section 33b of the indian income-tax act, 1922. it empowers the commissioner to call for and examine the record of any proceeding if he considers ..... after giving the assessee an opportunity of being heard. their lordships of the calcutta high court stated that 'in a notice, under section 33-b of the indian income-tax act, the commissioner must disclose to the assessee the grounds on which he proposed to revise, to enable the assessee to show cause.... the notice must be such .....
Tag this Judgment!Court : Rajasthan
Reported in : (1987)66CTR(Raj)109; [1987]167ITR139(Raj)
..... income-tax act, 1961, and that, therefore, such payments should be added to the total income of the assessee in terms of the aforesaid sub-section ?'2. the facts which are admitted and/or have been found by the income-tax appellate tribunal, jaipur bench, jaipur (hereinafter referred to as the 'tribunal'), are stated hereinafter:3. the applicant is a firm. the assessee deals in agricultural ..... finance had received inquiries from the various trade associations and trading communities about the operation of the provisions of section 40a(3) of the income-tax act for the disallowance of expenditure in business* and professions for which a payment exceeding rs. 2,500 is made otherwise than by a crossed ..... 1. whether the word 'expenditure' occurring in section 40a(3) of the income-tax act, includes expenditure on purchase of stock-in-trade also?2. whether the word 'expenditure' occurring in section 40a(3) of the income-tax act is to be interpreted in the light of the supreme court decision in the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993(3)WLC27
..... with his visit to austria ?' 2. question no. 1 has been referred on the application of the commissioner of income-tax while questions nos. 2 and 3 have been referred on the application of the assessee filed under section 256(1) of the income-tax act, 1961.3. no one has appeared on behalf of the assessee in spite of due service of notice. it ..... assessee claimed these expenses as revenue expenditure. the income-tax officer came to the conclusion that the bank charges cannot be allowed as it has nothing to do with the assessee's previous business and the claim in respect of legal fee was disallowed on the ground that the expenditure related to agricultural land income from which is not taxable and cannot be allowed .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)54CTR(Raj)188; [1987]164ITR148(Raj); [1986]63STC203(Raj)
..... 82. taxes on income other than agricultural income.' 6. in this background, learned counsel for the petitioner submitted that in fact what is taxed is the income, and thus the basis of this provision, i.e., sale or gross receipts in a particular year of assessment is foreign to the income-tax act. according to entry 82, tax will be ..... levied on the total income ..... in list i of the seventh schedule to the constitution. entry 82 relates to 'taxes on income other than agricultural income'. according to the learned counsel, the impugned provisions result in taxing the gross receipts in respect of income in the guise of disallowing the expenditure. we are unable to agree with the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN(UC)438
..... to trade in the commodities in the open market.11. three high courts, namaly, the high court of kerala, orissa and andhra pradesh in the deputy commissioner of agricultural income tax and sales tax, kozhikode v. shreedhara shenoy (1973) 32 stc 181 (sc), bl choudhary and sons v. state of orissa (1973) 32 stc 271 and vijaylakshmi rice mill ..... assessment year 1965 66, the contention that the transactions were not taxable since there was no sale as defined in section 2(o) of the rajasthan sales tax act, 1951 was not raised by the assessee before the deputy commissioner (appeals). the contention of the assessee was confound to the question weather or not batdana was ..... in question, in our opinion, were nothing but sales taxable in the hands of the assessee. the assessee is admittedly a registered dealer under the rajasthan sales tax act, 1954, engaged in the business of selling or supplying flour, maida. suji and bran. the mere fact that be sales of these commodities were controlled by directions .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]77ITD76(Jodh)
..... question was laid out or expended for the cultivation, upkeep or maintenance of immature plants from which no agricultural income was derived during the previous year for the purpose of explanation 2 to section 5 of the kerala agricultural income tax act, 1950. such admission is an extremely important piece of evidence but it cannot be said that it ..... order for the assessment year 1988-89. the assessing officer has stated in para-7 that the books of account are always considered as preliminary evidence in income-tax proceedings. according to him, the assessee was making fictitious entries of names right from assessment year 1986-87 in his account books. in the case of ..... the commissioner in his order under section 132(12) of the act which reads as follows :-'it is stated that the real owners have filed affidavits regarding their claim before the income tax officer. this will of course be examined in detail by the income tax officer in the course of regular assessment.'the learned counsel thus .....
Tag this Judgment!