Court : Rajasthan
Reported in : 1993(67)ELT483(Raj)
..... dal mills etc. etc. v. state of haryana and ors. etc. [air 1990 sc 1037]. this was also a case, not of tax but of market-fee under the relevant agriculture produce act, ..... loss to the manufacturer, depending upon at what price he is able to sell his goods. if such tax is later on refunded to manufacturer, it forms part of his income liable to income-tax under income-tax act, which is a direct tax.40. in the next place, learned counsel for the respondents relied on a decision delivered in shiv shankar ..... of return of goods or for any other reason, the same is added back as its income, chargeable to tax. section 41(1) of the income-tax act, 1961, is clear in this regard, relevant part of which reads as under :-'41. profits chargeable to tax. - (1) where an allowance or deduction has been made in the assessment for any .....
Tag this Judgment!Court : Rajasthan
Reported in : [1997]225ITR320(Raj)
..... was justified in issuing notice under section 148 of the income-tax act and taking action under section 147 accordingly (2) whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding additions made to the income declared on the ground of lesser agricultural expenses shown as income from other sources and rejecting the assessee's contention that this could ..... 147 of the income-tax act. question no. 2 : question no. 2 is answered in the affirmative, i.e., in favour of the revenue and against the assessee, and it is held that in the facts and circumstances of the case the tribunal was justified in upholding the additions made to the income declared on the ground of lesser agricultural expenses shown as income from other .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]252ITR88(Raj)
..... of thisreference and it has been held to be partitioned by volition by the erstwhile holder of the estate. agricultural lands and agricultural income not being subject to application of the income-tax act or wealth-tax act, have not been included in the question, but has a vital importance inasmuch as the immovable properties in question ..... are held to be impartible because they have been impressed with the character of impartibility by act of parties in ..... of the immovable properties comprised in the impartible estate. an amendment was brought to section 9 of the indian income-tax act, 1922, by inserting sub-section (4) thereto vide income-tax and business profits tax (amendment) act, 1948, with effect from march 30, 1948, whereby it was envisaged that for the purposes of that .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]67STC103(Raj)
..... act as a clause defining 'oil-seeds' wherein the words and expressions were held to be technical terms and the same were construed accordingly and held that 'oilseeds' are those seeds from which oil can be extracted for any of the purposes mentioned in the clause, the latter division bench of the kerala high court in deputy commissioner of agricultural income-tax and sales tax ..... . (as he then was), after review of case-law and distinguishing the decisions in calcutta discount co. ltd. v. income-tax officer, companies, calcutta : [1961]41itr191(sc) , sales tax officer, ganjam v. uttareswari rice mills [1972] 30 stc 567 and deputy commissioner of agricultural income-tax and sales tax, quilon v. dhanalakshmi vilas cashew co. : (1970)3scc273 , followed the ratio decidendi in maharajadhiraj sir kameshwar singh v .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)120CTR(Raj)1; [1994]210ITR906(Raj)
..... income-tax act. the assessee is deriving its income mainly from letting out the warehouses, interest, trading in agricultural products on behalf of the food corporation of india and the state government. it was claimed before the income-tax officer that the entire income of the corporation is exempted under section 10(29) of the act. the income-tax ..... officer came to the conclusion that the income other than the ..... 176itr117(sc) the apex court while interpreting the provisions of section 14(5)(iv) of the indian income-tax act, 1922, which were analogous to the provisions of section 80p(2)(e) of the income-tax act, 1961, observed that the provision for exemption was intended to encourage co-operative societies to construct warehouses .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj90; RLW2008(2)Raj1627
..... , unless the context otherwise requires, (a) ...(b) ...(c) land shall not include the land held or used exclusively for agricultural or residential purposes or an urban land as defined in the rajasthan land and building tax act, 1964 (act no. 18 of 1964) or an abadi land as defined in clause (b) of section 103 of the rajasthan land revenue ..... bearing lands, inasmuch as, all other types of lands, like agricultural, residential and the urban lands have been excluded and by virtue of the aforesaid provisions, so far as the definition of the land is concerned, it remains same as was existing in the land tax act of 1985. hence,it is that except a superficial change in ..... must be construed to extend to all ancillary or subsidiary matters which can fairly and reasonable be held to be included in it, vide, navinchandra mafatlal, bombay v. commissioner of income tax (s) : [1954]26itr758(sc) , and united provinces v. mt. atiqua begum, air 194 fc 16 at p.25. if this principle is borne in mind, it .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)53CTR(Raj)40; [1986]158ITR810(Raj); 1985(2)WLN366
..... , their lordships have expressed themselves as under (at p. 397):'this proposition is as sound as it is well-expressed, and has been followed in numerous cases under the indian income-tax act and also by this court. it is the quality of the payment that is decisive of the character of the payment and not the method of the payment of its ..... carried on by the assessee. the assessee filed appeals before the appellate assistant commissioner. the appellate assistant commissioner agreed with the income-tax officer and held that the compensation received was not agricultural income. he, however, agreed with the contention raised on behalf of the assessee that the amount of compensation received by the assessee was a capital receipt. the material part of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(3)WLN522
..... no document or any other evidence produced by them to prove death of smt. dhooli bai on 30.08.1968 nor was any independent assessment order under the income tax act and wealth tax act of either smt. dhooli bai or the minor sons of mangi lal was filed. this was required to be proved by leading independent evidence that in spite ..... the case of the petitioners is that this land having been ancestral, they inherited it from jagannath. when notices under rule 14 of rajasthan tenancy (fixation of ceiling on agricultural holdings) rules, 1963, were served upon them, separate replies thereto were filed by shri mangi lal, surendra kumar, narender kumar, mahendra and purshottam disclosing their separate khatedaries ..... the case is that one jagannath, who was father of mangi lal and husband of smt. dhooli bai died in samvat 1988 (year 1931). a large chunk of agricultural land owned by him, was mutated in favour of his wife smt. dhooli bai and son shri mangi lal. out of the lands entered in the name of .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)213CTR(Raj)184
..... (1)(viii) of the act w.e.f. 1st april, 1985. the object of the said amendment is set out in the memorandum explaining the provisions in the finance bill under 'income-tax, at para 106, thus [see (1985) 45 ctr (tlt) 52 : (1985) 152 itr 175]106. financial corporation 'engaged in providing long-term finance for industrial or agricultural development in india or ..... in the case of rajasthan financial corporation (supra) lays down the correct law.17. our answer to the question referred to by the tribunal under section 256(1) of the it act is in the affirmative. we dispose of the income-tax reference, accordingly, with no order as to costs. ..... ) held that the assessee was entitled/to deduction under section 36(1)(viii) of the act on the basis of total income arrived at before making any deduction under section 36(1)(viii) of the act. aggrieved by the order passed by the cit(a), the revenue preferred an appeal before the tribunal. the tribunal dismissed the appeal. aggrieved by the order passed by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
..... is a judicial act by the latter. accordingly, so far as the union of india is ..... off. a very ingenious argument was advanced by mr. patanjali sastri, who appeared for the comr. of income-tax, that as the income-tax act did not come into operation in any year until the finance act had been passed, the income-tax act must be treated as a statute which is passed every year & the words 'british india' must be ..... the union of india had done no judicial act in respect of which a writ may be issued is of no consequence. under article 270 of the constitution, tax on income other than agricultural income is levied & collected by the govt. of india & accordingly, a notice by the income-tax officer, who is acting on behalf of the govt. of india, .....
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