Court : Rajasthan
Reported in : [2009]315ITR204(Raj)
..... the difference between the consideration amount and the value adopted by the sub-registrar has been added as above.3. in appeal, the learned commissioner of income-tax (appeals) found the contention of the assessee to be more convincing and considered that there was some time lag between execution of the agreement and execution ..... the date of transfer, the assessing officer may refer the valuation of the capital asset to a valuation officer and the relevant provisions of the wealth-tax act, with necessary modifications have been provided to apply, subject further to the exception that where the valuation officer values the assets at a price higher ..... issued under section 158bc, the assessee filed return of income for the block period, declaring undisclosed income of rs. 17,96,620. the present controversy, however, relates only to the additions made by the assessing officer on account of undisclosed investment in the agricultural lands and plots. the assessing officer held the assessee to .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)215CTR(Raj)181
..... response to notice issued under section 158bc, the assessee filed return of income for the block period, declaring undisclosed income of rs. 17,96,620. the present controversy, however, relates only to the additions made by the ao, on account of undisclosed investment in the agricultural lands and plots. the ao held the assessee to have purchased the ..... committees rates), and the difference between the consideration amount and the value adopted by the sub-registrar has been added as above.3. in appeal, the learned cit(a) found the contention of the assessee to be more convincing, and considered that there was some time lag between execution of the agreement and execution of the ..... as on the date of transfer, the ao may refer the valuation of the capital asset to a valuation officer, and the relevant provisions of the wt act, with necessary modifications have been provided to apply, subject further to the exception, that where the valuation officer values the assets at a price higher than the .....
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 : RLW2008(2)Raj1697
..... may not necessarily be a state. a private person owning the land is entitled to charge royalty but not tax. the lessor receives royalty as his income and for the lessee the royalty paid is an expenditure incurred. royalty cannot be tax. it is declared that even in india cement it was not the finding of the court that royalty is ..... . the amount collected by way of royalty is also expended like ordinary revenue. whether royalty is a tax or not though is required to be deliberated upon only for a limited purpose, namely, as to whether section 25 of the 1957 act covers the field of taxation and not for any other purpose. royalty may not be the produce of ..... a tax. royalty is not a tax. the impugned cess envisaged through the sada act and rules by no stretch of imagination can be called a tax on tax. the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)497
..... 1) as if such house or houses had been let. 16. we have quoted the provisions of section 23, only because under section 22 for computing the income chargeable to income tax act, under the head 'income from house property', the 'annual value of the property' is the deciding factor, and section 23 only provides as to how the value is to be ..... covered by the question no. 1 framed in other ten appeals, except that in this case recourse was not taken to provisions of section 147 and 148 of the income tax act.14. thus, we are required to decide two aspects of the matter, being, as to whether in the circumstances noticed above, i.e. where the rent is ..... subsequent increase in the actual rent with retrospective effect could result in re-assessment of the annual value of the property by recourse to section 147/148 of the income tax act, 1961?(2) if so, whether recourse to section 147/148 as on the date noticed were issued for the assessment were within the limitation for initiating proceedings under .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)345; [2008]306ITR243(Raj)
..... also issued. the assessee appeared, and explained, that he purchased the plot from his agricultural income, and also submitted the requisite return, showing the agricultural income. then his statements were also recorded, wherein he deposed, that he carries on agriculture and animal husbandry. however, the assessing officer summoned the books of accounts of the ..... in holding that the proceedings for re-assessment under section 148/147 of the income tax act were initiated by the assessing officer on non-existing facts because ultimately, the assessee has been able to explain that the income which was believed to have escape assessment was explainable but some other additions were ..... the assessing officer was, with respect to the assessee having purchased a plot of land from undisclosed source of income, while it has been found, that the source of income was clearly established to be agricultural income, which were lying deposited with m/s. barar & sons, wherefrom it was withdrawn by cheque, and .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj97
..... the same is reproduced hereunder:it has been learnt from reliable source that shri a.k. thakur is a habitual corrupt public servant of the office of income tax, jaipur. he joined income tax department as ldc during 1969, was promoted as udc during 1975 and promoted as head clerk during 1994.shri thakur while functioning as public servant in the ..... all these monies belonged to the accused but when the wife has fully owned the entire money and the other wealth earned by her by not showing in the income tax returns and she has accepted the whole responsibility, in that case it is very difficult to hold the accused guilty of the charge. it is very difficult to ..... has provided satisfactory explanation that all the money belonged to his wife and she has owned it and the income tax department has assessed it in her hand, then, in that case, whether he could be charged under the prevention of corruption act. it is true that when there is joint possession between the wife and husband, or father and .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj216
..... to rs. 50.00 crores (rupees fifty crores) issued by the banker in favour of the bidder (clause 2.3.5).7. copy of income tax return bearing pan number submitted to the income tax officer of the concerned circle for the previous financial year i.e. 2003-2004 (clause 2.3.14.).(ii) in case of any one of ..... mm[provided that this sub-rule shall apply to already registered vehicles two years from the date of commencement.provided further that the size of the registration plates for agricultural tractors shall be follows:front 285 x 45 mmrear 200 x 100 mm](2) in the case of motor cycles the registration mark in the front shall be ..... are mandatory requirements which the petitioner company was required to fulfil, and has failed to fulfil the same.41. in my view, the tender evaluation committee has not acted arbitrarily inholding that the experience certificates of pakistan, russia, germany, israel and estonia submitted by the petitioner are not as per the mandatory requirement of clause 1.6. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(3)Raj2295
..... ground of availability of alternative remedy. on the issue of alternative remedy, counsel for the respondent jda has placed reliance on the following judgments:(i) k.s. rasheed & sons v. income tax investigation commissioner : air 1954 sc 207.(ii) union of india v. t.r. verma : air 1955 sc 425.(iii) k.s. ventatraman & com. pvt. ltd. v. ..... of the sale/lease deed by the seller after its registration and delivery of possession but none of the parties have referred any specific provision of the jda act, registration act or any other enactment but have raised the dispute which has been indicated in the foregoing paras.question no. 1whether alternative remedy is a bar in case ..... the parties and the petitioners are entitled to all the benefits of the same. further, the actions of the jda are contrary to the provisions of the jda act, registration act and other enactments.15. on 11.7.2008, information was summoned from the respondents on five issues, which are as follows:1. how the auction was .....
Tag this Judgment!Court : Rajasthan
Reported in : [2009]176TAXMAN404(Raj)
..... or providing credit facilities to its members, or(ii) a cottage industry, or(iii) the marketing of the agricultural produce grown by its members, or(iv) the purchase of agricultural implements, seeds, livestock or other articles intended for agriculture for the purpose of supplying them to its members, or(v) the processing, without the aid of power, ..... our attention to a judgment of the tribunal, being that of a jaipur bench, in the case of rajasthan rajya sahakari bhoomi vikas bank v. dy. cit 29 world tax 286, of course in this judgment, it has been held, that advancement being essential part of the activity of banking business, the interest earned by the ..... being imperative, for the purpose of carrying on banking business, the income derived therefrom, would be income, from the assessee's business. thus, we find that it could be one category of income, capable of being claimed exemption, if the income was to arise from an act, which was imperative for assessee, to be done for the purpose of .....
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