Court : Rajasthan
Reported in : [2000]244ITR789(Raj)
..... , capital gains arising from 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(14)~income tax act, 1961~^ of the income-tax act, 1961, and parliament would have no legislative competence to tax such agricultural income. therefore, to the extent that sub- clause (iii) of section 2(14) as amended retrospectively ..... the gains are assessable as capital gains. it was further held that the expression 'agricultural land' is not defined in the income-tax act, 1961. the underlying object of the act to exempt 'agricultural income' from income-tax is to encourage actual cultivation or de facto agricultural operations. the actual user of the land for agricultural purpose or absence thereof at the relevant time is undoubtedly one of the crucial tests .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)143CTR(Raj)252
..... mention here that entry 82 in first part of viith schedule is as regards taxes on income other than agricultural income. entry 46 in list ii of viith schedule is as regards taxes on agricultural income. art. 366(1) defines agricultural income as (i) 'agricultural income means agricultural income as defined for the purposes of the enactment relating to indian it act'.6. mr. kothari, learned advocate appearing for the writ petitioner cited before us ..... the gains are assessable as capital gains. it was further held that the expression agricultural land is not defined in the it act, 1961. the underlying object of the act to exempt agricultural income from income-tax is to encourage actual cultivation or de facto agricultural operations. the actual user of the land for agricultural purposes or absence thereof at the relevant time is undoubtedly one of the crucial tests .....
Tag this Judgment!Court : Rajasthan
Reported in : (1998)144CTR(Raj)481; [1998]234ITR566(Raj)
..... m.p. singh, j.1. this income-tax reference case arises out of the order passed by the income-tax appellate tribunal, jaipur bench, jaipur, rejecting the application under section 256(1) of the income-tax act, 1961, requiring the tribunal to refer the following questions of law to the high court :'1. whether, the learned tribunal was right in ..... thereafter, the present application for reference has been filed by the assessee.9. the main contention of learned counsel for the assessee was that the commissioner of income-tax (appeals) while passing the order dated august 3, 1988, has not taken into consideration the following evidence :1. copies of relevant entries in the books ..... for maintenance of such cattle.8. it is evident from record that most of the expenses on fodder meant for catties were met out of agricultural produce from the ancestral agricultural land.10. a reading of the order dated august 3, 1988, of the appellate authority shows that the commissioner (appeals) has not discussed .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]244ITR272(Raj)
..... , where the maintenance of a research station for the coffee board was held exempt from liability of agricultural income-tax under the mysore agricultural income-tax act, 1957. he, as such, finally allowed the exemption to the trust under section 11 of the income-tax act, 1961.13. the tribunal found as follows :(1) that clause 2(vi) of the principal deed ..... of settlement plainly and unequivocally permitted the trustees to utilise the income of the trust to ..... circumstances of the case, the tribunal was not justified in holding that the assessee-trust is not entitled to exemption under section 11 of the income-tax act, 1961.' 25. we are satisfied that there are undisputedly no distinguishing features or change in the facts and circumstances of the assessee's case .....
Tag this Judgment!Court : Rajasthan
Reported in : (2000)66TTJ(NULL)724
..... hukmaram was filed before the assessing officer. a certificate issued by the sarpanch was also filed to support the fact that hukmaram derived income from agriculture and from animal husbandry. the income tax officer made certain inquiries behind the back of the assessee. an inspector was sent to the depositors' place. he recorded the statement of ..... to the assessee. the learned counsel contended that statements recorded behind the back of the assessee by the income tax inspector are not valid statements as the inspector has no valid right under the provisions of income tax act to record any such statement. the assessing officer had himself recorded the statements in which both the ..... the assessing officer treated both the aforesaid cash credits as unexplained and held that the same are liable to be included as income of the assessee within the meaning of section 68 of income tax act, 1961. the assessing officer determined the amount of such addition at rs. 5,487 in respect of cash credit in .....
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!Court : Rajasthan
Reported in : (2001)72TTJ(NULL)50
..... or facilitating the marketing of commodities. ''81. income of co-operative societies-income-tax shall not be payable by a co-operative society :(i) in respect of the profits and gains of business carried on by it, if it is,(c) a society engaged in the marketing of the agricultural produce of its members, or'from the perusal of ..... to sell the said controlled goods to any person of his choice and also had no right to charge the price as per its wish. he further contended that the act of warehousing is very wide and exhaustive which includes transportation, storage, marketing and distribution. for this contention, he relied on the decisions u.p. state warehousing corpn. ..... business or profession' when an assessee is carrying on business in various ventures and some among them yield taxable income and the other do not, the question of allow ability of the expenditure under section 37 of the act will depend on :(a) fulfilment of requirements of that provision noted above; and(b) on the fact .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)76TTJ(NULL)306
..... of land, but interest is paid for use of his money by the state. it was accordingly held that such interest payment is revenue receipt and liable to tax under income tax act. it was also held that such interest payment could not be described as damages or compensation for owner's right to retain possession of land for the reason ..... ) rejected the assessee's appeals for assessment years 1985-86 to 1992-93. however, for assessment year 1984-85, the assessee went in revision under section 264 of income tax act and the learned commissioner in his revisional order, set aside the issue for deciding afresh in view of circular of cbdt no. 225/5/96/ita/ii, dated 28 ..... submissions of the rival sides and have also perused the records.6. the facts in all the above 24 appeals are common. the facts, in brief, are that the agricultural land of a large number of persons of village udasar, dist. bikaner, rajasthan, was acquired by the government of india (ministry of defence), new delhi. the government of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLN648
..... similar view has been reiterated while explaining the meaning of 'proceeding' in sub-section (2) of section 297 of the income tax act, by the hon'ble supreme court in kalawali devi harlalka vs. the commissioner of income tax, west bengal & ors. (42).(54). in silaram motilal kalal vs. santanu prasad jaishankar bhatl 013), the hon'ble ..... a mere irregularity and curable by amendment at any siage of the proceedings. (vide nand kishore vs. bhag kuer (12), and gauri kumari vs. commissioner of income tax (13).(13). a constitution bench of the hon'ble supreme court, in deenabandhu sahuvs. jadumoni mangaraj & ors. (14), over-ruled the objection that election ..... (58); rajeshwari amma vs. joseph (59); commissioner of income tax vs. u.p. forest corporation (60); p.r. deshpande vs. maruti balaram haibalti (61); state of punjab vs. r.n. bhatnagar (62); oil & natural gas commission vs. m.c. chelland engineers s.a., (63); rajasthan agriculture university vs. ram krishna vyas (64); warner hindustan ltd. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj318; 2001(2)WLC32; 2001(2)WLN201
..... filed a suit for injunclon and possession on the basis of registered sale-deed executed by one yashoda bai in his favour with respect of immovable property including agricultural land and houses. the property originally belonged to yashoda bai's husband and after his death she got it as limited owner and by influx of time ..... 4.3.1958 after coming into force of the act. the supreme court noled the fact that at the time suresh chandra was adopted the joint family still continued to exist and the disputed properties retained their character of coparcenary property. relying upon gowli buddanna vs. commissioner of income tax (supra), the supreme court observed that under the ..... decision in sita bai vs. ramchandra (supra). in this case the provisions of section 12 of the act were again considered by the supreme court.in the said case the facts were that the properties consisting of agricultural lands and a house was jointly held by one bhagirath and his brother dulichand. bhagiralh died sometime in .....
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