Court : Punjab and Haryana
Reported in : [1975]98ITR42(P& H)
..... s compensation acts, the employer's liability act, 1880, the fatal accidents act, 1846, or the carriage by air act, 1932.' 14. the view we have taken of the matter also finds support from the decisions of the jammu and kashmir high court in controller of estate duty v. kasturi lal jain [19741 93 itr 435 (income-tax reference no ..... to the first schedule in respect whereof resolutions have been passed by the legislatures of those states adopting this act under clause (1) of article 252 of the constitution in respect of estate duty on agricultural lands situate in those states, and on the issue of any such notification the states so added shall be ..... the principal value ascertained as hereinafter provided of all property, settled-or not settled, including agricultural land situate in the territories which, immediately before the 1st november, 1956, were comprised in the states specified in the first schedule to this act, and in the union territories of dadra and nagar haveli, goa, daman and diu, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1975]98ITR458(P& H)
..... these three items are concerned. the assessee then preferred a further appeal to the income-tax appellate tribunal. the tribunal accepted the assessee's claim with regard to rs. 25,000. it was held that the 12 vehicles were being used by the assessee for raising agricultural produce and the department had failed to show that they were being used for ..... any other purpose. in this view of the matter, it was held that the assessee was entitled to exemption of this amount of rs. 25,000 under section 5(1)(ix) of the wealth-tax act. the assessee's claim with ..... there is not enough material which would enable us to determine the question satisfactorily. in view of the provisions of section 27, sub-section (5) of the wealth-tax act, which is in the following terms:' if the high court or the supreme court is not satisfied that the case as stated is sufficient to enable it to determine .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1975]98ITR331(P& H)
..... j. - the income-tax appellate tribunal has referred the following question of law to this court for opinion under section 64(1) of the estate duty act, 1953, hereinafter called the act.'whether, on the facts and in the circumstances of the case, the assessment was to be made under section 7 read with section 39 of the estate duty act, in view of ..... up custom and was no longer governed by the customary law of the sikh jats.both these officers, however, found that the deceased was a member of a compact agricultural tribe and his family was governed by the customary law of the punjab and, consequently, the principal value of all his properties had to be taken into account in ..... for the purpose of levying the estate duty.after hearing the counsel for the parties, we are of the view that merely on the enforcement of the hindu succession act, it could not be held that custom had been abrogated and all the jats started being governed by the mitakshara school of hindu law and they formed joint hindu .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H1
..... it is not necessary to consider any more cases pointing out the essential characteristics of 'fee' in contradistinction to 'tax', as the specific question whether fee levied under the agricultural produce markets act is 'fee' or tax' has been considered in some cases which are binding on this court and a reference to them may now be ..... paise ad valorem fee is provided on every 100 rupees as value of the agricultural produce bought or sold in the notified markets under section 23 of the punjab agricultural produce markets act, 1961. market fee is an important source of income of the market committees. in order to make an increasing use of the ..... tax.32. the mandate of the legislature in section 27 is that the market committee fund has to be utilised for incurring expenditure under or for the purposes of the act and any excess remaining thereafter is to be invested in such manner as may be prescribed. every market committee has to contribute certain percentage of its income to the agricultural .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1976]104ITR330(P& H)
..... him as rs. 1,91,765. he also imposed a penalty on it under section 271(1)(c) of the income-tax act, 1961 (hereinafter referred to as 'the act'), in the sum of rs. 72,000. it went up in appeal before the income-tax appellate tribunal which was partly accepted by it on july 28, 1971. it reduced the gross profits by another 2 ..... . the nature of business represented in the uchanti bahi was of purchase and sale of agricultural implements and whereas that of the petitioner-firm was of manufacturing of agricultural implements. the learned counsel further argues that the point was raised by the assessee's counsel before the income-tax officer and he dealt with it. he further argues that when its counsel raised the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1976]102ITR812(P& H)
..... hh) and (kk) and clauses (2) and (3) of part i of the schedule to the kerala agricultural income-tax act, 1950, and a higher tax at a fixed rate of 75 per cent. was imposed on foreign companies while a lesser tax at graded rates with a maximum of 65 per cent. was imposed on domestic companies and it was held ..... a confiscatory nature and (2) whether the penalty provisions as embodied in section 18 of wealth-tax act, are also confiscatory in nature ?' 2. another contention that had been raised in the writ petition was that no wealth-tax could be imposed on agricultural land. that matter stands concluded by the decision of their lordships of the supreme court in ..... established, it can be safely said that urban assets, as defined in the wealth-tax act, form a class by themselves and are clearly distinguish-able from the non-urban assets as they are capable of yielding better returns in the form of income and are the objects of larger amounts of investments because of their potentiality of more .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1976)5CTR(P& H)0064B
..... ) and (kk) and clauses (2) and (3) of part i of the schedule to the kerala agricultural income-tax act 1950, and a higher tax at a fixed rate of 75 per cent was imposed on foreign companies while a lesser tax at graded rates with a maximum of 65 per cent was imposed on domestic companies and it was held that ..... confiscatory nature; and(2) whether the penalty provisions as embodied in section 18 of the wealth tax act are also confiscatory in nature ?another contention that had been raised in the writ petition was that no wealth-tax could be imported on agricultural land. that matter stands concluded by the decision of their lordships of the supreme court in union ..... -established, it can be safety said that urban assets, as defined in the wealth-tax act, form a class by themselves and are clearly distinguishable from the non-urban assets as they are capable of yielding better returns in the form of income and are the objects of larger amounts of investments because of their potentially or more .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1976]103ITR661(P& H)
..... rs. 93,604 to tax. on these facts it was held as under : '(i) that the word 'information' in ..... the assessee in respect of agricultural land on the ground that, the amount was agricultural income. subsequently, the privy council, on appeal from the decision, held that interest on arrears of rent payable in respect of agricultural land was not agricultural income, and, as a result of this decision, the income-tax officer initiated reassessment proceedings under section 34(1)(b) of the income-tax act and brought the amount of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1977]106ITR619(P& H)
..... the assessee than the fact that the assessee has not been able to explain the cash credit. in view of section 68 of the income-tax act, 1961, the argument is no longer sustainable. section 68 provides that where any sum is found credited in the books of an assessee and the assessee offers no explanation about ..... the capacity to own rs. 10,000. but the appellate assistant commissioner found that out of the cash credit of rs. 10,000, rs. 3,000 could be explained as income from agricultural land and, therefore, gave the assessee relief of rs. 3,000. on further appeal to the tribunal, while the finding regarding narinder kumar's capacity was confirmed, further relief ..... was given to the assessee in a sum of rs. 3,000. in the net result a sum of rs. 4,000 was added to the income of the assessee. the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1978]41STC237(P& H)
..... inhabitant of the tehsil or block, as the case may be. section 41 gives details of the duties to be performed by a panchayat samiti in the sphere of agriculture, communications, social education and co-operation, etc. section 78 lays down that there shall be formed for every panchayat samiti a fund to be called the 'samiti fund ..... therein.13. we shall now examine the argument based on section 6 of the punjab general sales tax act, 1948 and entry no. 37 appearing in schedule b of that act. section 6 of the punjab general sales tax act, 1948, lays down that no tax shall be payable on the sale of goods specified in the first column of schedule b subject ..... . section 85 lays down that the executive officer of the panchayat samiti shall prepare a statement of accounts of the panchayat samiti for each financial year showing its income and expenses incurred for works undertaken. an abstract of this statement has to be published in the official gazette and in such other manner as the panchayat samiti .....
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