Court : Rajasthan
Reported in : (1988)69CTR(Raj)209; [1988]170ITR566(Raj)
..... 1) of the income-tax act, 1961. this is how the reference has been made at the instance of the assessee for decision of the above-quoted questions of law.3. in respect of the aforesaid first question, learned counsel for the assessee conceded that the tribunal was justified in holding that the property was not agricultural land. it ..... in jetmull bhojraj v. state of bihar, air 1972 sc 1363, to support its conclusion. the definition of ' transfer' contained in section 2(47) of the income-tax act, 1961, provides that the transfer in relation to a capital asset includes the compulsory acquisition thereof under any law. the tribunal has held that the transfer giving rise to ..... acquisition. the assessee was given a notice by the department to show cause why the capital gains arising on the amount of compensation should not be taxed as a capital gain. the income-tax officer found that the assessee received rs. 4,33,043 as compensation for the land and the market value thereof as on january 1, 1954 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj231; 2002(2)WLC505
..... to isolated transactions.' the apex court in (4) barendra prasad ray and ors. v. the income-taxofficer and ors. reported in a.i.r. 1981 s.c. 1047 has considered the expression'business' in the back ground of the provisions of income-tax act andobserved as follows : 'it is an activity carried on continuously and systematically by a person by ..... individuals, who or which, - (a) carries on the business of money-lending in the state; or (b) supplies, as a trader or dealer, goods other than agricultural goods on credit on condition of payment of interest by the buyer at a rate higher than that prescribed in section 29 in case the payment of sale price is ..... ? 3. whether the plaintiff-appellant has complied with the provisions of section 22 & 23 of the act. if not what is its effect on the suit ? 4. whether the defendant is an agricultural labour and his livelihood is principally depending on agriculture hence the suit is not maintainable? 5. whether pronote is not properly stamped as per law and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1992Raj14; 1991(2)WLN337
..... . in this context it will be useful to refer to a decision of this court in a.v. thomas & co. ltd. v. deputy commr. of agricultural income-tax, (1963) supp 2 scr 608 : air 1964 sc 569, where this court recognised adistinction between auction sales pertaining to specific or identifiable goods and auction-sales ..... under section 7 of the essential commodities act, offending article 20(1) of the constitution of india. it runs as under :--'20. protection in respect of conviction for offences :-- (1) no person ..... and those of clause 4 with effect from sept. 17,1979. the price control order was issued under section 3(l)(c) of the essential commodities act, 1955. these provisions did not authorise the central government to issue such a notification with retrospective effect otherwise the actions lawfully taken earlier had become offences punishable .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]264ITR529(Raj); 2006[3]STR344; 2002WLC(Raj)UC708
..... construed as limiting in any way the power of parliament to make laws with respect to taxes on incomes accruing from or arising out of professions, trades, callings and employments. seventh schedule list i. union list. entry 82. taxes on income other than agricultural income. entry 84. duties of excise on tobacco and other goods manufactured or produced in india except ..... was as to whether in pith and substance the gift-tax act falls within entry 49 of the state list or not. the court formulated the test to determine the question as follows (page 610) : 'be that as ..... i in union of india v. harbhajan singh dhillon : [1972]83itr582(sc) . in the said case the validity of the central legislation namely, the gift-tax act was challenged on the ground that the legislature encroached upon the state legislative power under entries 18 and 49 of the state list. the question posed before the court .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]165ITR411(Raj)
..... section 37(2b) of the income-tax act and are allowable as a deduction in computing the total income for the assessment year 1974-75 'm/s. meg raj sohan lal, hereinafter referred to as the assessee, is a registered firm. it derives income from adat and sale of agricultural commodities. in respect of the ..... assessment year 1974-75, the assessee claimed a sum of rs. 6,500 as expenses incurred for providing meals to customers and constituents on the ground that the said expenditure was wholly laid out for the purpose of the business. the income-tax officer disallowed the said claim under section 37(2b) of the income-tax act ..... , 1961, hereinafter referred to as the act, on theview that the said expenditure was of entertainment nature. the appellate assistant commissioner held .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]259ITR79(Raj); 2003(2)WLN515
..... equity share of the assessee. explanation. --for the purposes of this clause, 'relative' shall have the meaning assigned to it in explanation 1 to section 13 of the income-tax act. (vii) motor cars ; and (viii) any other asset which is acquired or represented by a debt secured on any one or more of the assets referred to in ..... iv) utensils made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals ; (v) land other than agricultural land : provided that nothing in this clause shall apply to any unused land held by the assessee for industrial purposes or for construction of a hotel for a period ..... ; (iv) utensils made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals ; (v) land other than agricultural land ; (vi) building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, hotel or office for the purposes of .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)91TTJ(NULL)378
..... under section 142(1). the said letter reads as under :'that for assessment year 1994-95, in compliance to notice under section 142(1) of income tax act, return of income was filed declaring total income of rs. 47,920 and tax and interest payable therein, i.e., rs. 4,100 duly deposited on 17-2-1997, i.e., on the same day.'in view of ..... raised was against the framing of assessment under section 143(3) read with section 144/115. the appellant did not comply with the various requirements relating to his business income and for agricultural income and, therefore, provisions of section 144 were resorted to and since no books of account were maintained by the appellant provisions of section 145 were considered applicable. the nomenclature .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj142; 1993(1)WLC723
..... the ordinary rule of literal intepretation.10. mr. bhandari also drew my attention to a decision of their lordships of the supreme court in commissioner of agricultural income-tax west bengal v. keshab chandra mandal air 1950 sc 265, wherein their lordships of the supreme court have observed that hardship or inconvenience cannot alter the ..... appearing for the petitioner-appellant that if a wholesale exemption of octroi is granted in favour of the respondent, it will certainly result in fraud upon the act. in this respect, mr. bhandari has drawn our attention to certain observations made by the learned author bindra in his treatise 'bindra's interpretation of statutes ..... is that when these two notifications were issued by the state govt. in exercise of its powers conferred under section 107(5) of the rajasthan municipalities act, 1959, the state govt. has categorically mentioned in the upper part of these notifications that the 'following raw materials are exempted from the payment of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(2)WLN153
..... , and, as such, the tribunal must have held that the petitioner was entitled to it.9. reference may be made to the decisions given in the deputy commissioner of agricultural income-tax and sales tax v. n.s. moos 1975 stc (36) p. 169 and indian aluminium cables ltd. and anr. v. state of haryana 1976 stc (38) p. 108.10 ..... k.c. agrawal, c.j.1. this revision (along with other 10 revisions) under section 15(1) of the rajasthan sales tax act, 1954 is directed against the order dated december 1, 1988, passed by the rajasthan sales tax tribunal, ajmer in revision petition no. 584 of 1984 (71/85) st/ bikaner: m/s. khadi mandir v. cto, special circle, ..... as may be specified in the notification.7. the controversy in the instant case in whether the petitioner was entitled to the benefit of section 8 of the central act. this provision deals with sales in the course of inter-state trade or commerce. the relevant provision of this section, along with explanation, is reproduced below: notwithstanding .....
Tag this Judgment!Court : Rajasthan
Reported in : [1997]225ITR541(Raj)
..... . the first contention raised by learned counsel for the assessee is that the question referred by the tribunal does not arise in the present case. section 256 of the income-tax act requires the appellate tribunal to refer to the high court any question of law arising out of the order passed by the tribunal. the question referred by the tribunal does ..... answering the question in the negative, i.e., against the assessee and in favour of the revenue, held that 'the partners of messrs. bichadi agricultural farm cannot claim exemption under section 5(1)(iva) in respect of the agricultural land of the firm, for, those lands do not belong to them and the benefit under section 5(1)(iva) of the ..... act can be given to the firm and not to an individual partner.' for the same reasons given in ganga devi's case 0043/1985 .....
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