Court : Punjab and Haryana
Reported in : [1963]48ITR288(P& H)
..... also an entry no. 55 mentioning 'taxes on the capital value of the assets exclusive of agricultural land, of individuals and companies, taxes on the capital of companies'. our attention has also been drawn to an ..... , is that the assessee has been taxed on the return of capital on reduction, which is not the income which would bear the incidence of income-tax. he has drawn our attention to entry no. 54 in the federal legislative list i of the seventh schedule of the government of india act, 1935, which refers to 'taxes on income other than agricultural income'. in the same list, there is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H337
..... also an entry no. 55 mentioning 'taxes on the capital value of the assets exclusive of agricultural land, of individuals and companies, taxes on the capital of companies'. our attention has also been drawn to omission ..... counsel is that the assessee has been taxed on the return of capital on reduction which is not the income, which would bear the incidence of income-tax. he has downs out attention to entry no. 54 in federal legislative list i of the 7th schedule, of the government of india act, 1935, which refers to 'taxes on income other than agricultural income'. in the same list, there is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H487; [1962]46ITR152(P& H)
..... was no assessment. the contention of the petitioner in this respect may be summed up as being that there is no legal warrant whatever in the income-tax act or any other act for an assessment to be made subject to the approval of a superior officer of the officer who is to make the assessment, and that therefore ..... however, after some correspondence between the petitioner and the department, instead of the refund of rs. 16,000/- as income-tax being made, the petitioner finally received a notice under section 22(4) of the income-tax act from the income-tax officer, who is the respondent inthe petition, in september, 1956, calling on him to produce his account books for ..... the soth of august, 1906, as the compensation i propose to award exceeds rs. 10,000/-.' the resolution referred to was apparently one by the revenue and agricultural department of the government of india, the direction in the letter of the government of india being that:if the officer making the award is not the collector of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1963]50ITR537(P& H)
..... under the state law if a combined assessment had been made, the same proportion as such income bears to the total income including the agricultural income, so however that for this purpose any reduction of tax allowed on the agricultural income by the state law shall not be taken into account.2. if immediately before the ..... or constituted under the said act, and if any question arises as to who such corresponding officer, authority, tribunal or court is, the decision of the central government thereon shall be final :provided further that where under any such law, tax is chargeable on the total income including agricultural income, the assessment shall be ..... 1st day of april, 1950, there is in force in any state other than jammu and kashmir a law corresponding to but other than, and act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1964]52ITR399(P& H)
..... or not connected with his business, profession or vocation, but does not include any stock-in-trade, etc., personal effects, and land yielding agricultural income. the word 'property' is of wide amplitude.section 12b provides tha :'(1) the tax shall be payable by an assessee under the head capital gains in respect of any profits or gains arising from the sale, exchange, relinquishment ..... for the issuance of a writ of certiorari calling for the records pertaining to the aforesaid proceedings under section 34(1)(b) of the indian income-tax act and to quash the notice under section 34 of that act.the facts giving rise to this petition are that the petitioner company is carrying on business as managing agents of dalmia cement limited and dalmia .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1964]15STC530(P& H)
..... argument fails to take note of several important distinctions which exist between the provisions of the bihar agricultural income-tax act, 1938, and the indian income-tax act on the one hand and the provisions in the bihar sales tax act, 1944, on the other. first of all section 24 of the bihar agricultural income-tax act, 1938, says in clear terms that the power of revision given by sub-section (2) of ..... , contains no provisions similar to the provisions of sections 26 and 27 of the bihar agricultural income-tax act, 1938; nor does it contain provisions similar to the provisions of sections 34 and 35 of the indian income-tax act. more- over, sub-section (4) of section 20 of the bihar sales tax act states that the power of revie is 'subject to such rules as may be prescribed .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H65; [1964]54ITR632(P& H)
..... [1960]38itr93(ap) and a devision bench of kerala high court in m. t. joseph v. gift-tax officer : [1962]45itr66(ker) have also taken the view that he gift-tax act is valid in its operation on transfer of agricultural land. with respect i agree with the decisions of andhra pradesh kerala and madras high courts and hold that the ..... petition under art. 226 of the constitution of india seeks to challenge the vires of the gift-tax act no. 18 of 1958 (hereinafter referred to as the act).(2) according to the allegations of the petitioner she made a gift of agricultural land measuring 1335 bighas and 11 biswas situated in village muana, district karnal in favour of ..... fairly and reasonably be said to be comprehended in it''the above observations were followed by their lordships of the supreme court in navinchandra mafatlal. bombay v. commissioner of income-tax bombay city. : [1954]26itr758(sc) and chaturbhai m. patel v. union of my opinion there can be no dispute so far as the imprimatur of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H238
..... side of the appellant. the first case is indra singh v commr. of income-tax, bihar and orissa, air 1943 pat 169 and the second case is s raghbir singh v commr. of income-tax, air 1958 punj 250 both of which are cases under the indian income-tax act, 1922, in which the argument was that the assessee was a member of ..... and in her statement as p w 8 she says that her marriage with the son of the respondent whose name was harnek singh 'was solemnized according to the agricultural custom'. then in the following paragraph she says that the respondent is in possession of ancestral and non-ancestral movable and immovable property including certain area of land given ..... is she not entitled to maintenance for reasons stated in paragraph 8 of the written statement (a paragraph 8 of the respondent has stated that he appellant according to the agricultural custom should live in his house as his daughter-in-law and maintain herself) ? 3. relief and against what property? (5) the learned judge came to be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H333
..... division bench of the madras high court in j. n. a. hobba's case : [1963]49itr811(kar) has held that under section 10 of the mysore agricultural income-tax act which corresponds to section 41 of the indian income-tax act 1922 the measure of liability of the executor is co-extensive with that of the several beneficiaries. this decision does not support the contention of the ..... the observations made by the supreme court in the under-mentioned cases also supported this view. in ramswaroop das v. state of bihar : [1961]42itr770(sc) , the bihar agricultural income-tax act (32 of 1948) which are almost identical with those of income-tax act 1922 held thus:--x x x x x 'when property was in the possession of the receiver common manager or administrator the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1966]62ITR147(P& H)
..... follow this ruling. the division bench of the mysore high court in j. n. a. hobbs case has held that under section 10 of the mysore agricultural income-tax act, which corresponds to section 41 of the indian income-tax act, 1922, the measure of liability of the executor is co-extensive with that of the several beneficiaries. this decision does not support the contention of the ..... supreme court in the under-mentioned cases also support this view. in mahanth ramswaroop das v. state of bihar, the supreme court, while dealing with the provisions of the bihar agricultural income-tax act (32 of 1948), which are almost identical with those of the income-tax act, 1922, held thus :'... when property was in the possession of the receiver, common manager or administrator, the .....
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