Court : Kolkata
..... that is done, the result would be that the agricultural income itself would become liable to tax, which is not permissible under sub-section 1 of section 10 of the income tax act. the provisions contained in chapter xii h of the income tax act have to be read subject to section 10 of the income tax act. for the aforesaid reasons, we are of the opinion that the judgment of the ..... benefit in the case of assessee engaged in the business of growing, manufacturing and sale of tea without having regard to the relevant provisions of the incometax act, 1961 read with rule 8 of the income-tax rules 1962. 2. whether the tribunal below committed substantial error of law in holding that there was no similarity between the provisions of section 115wa vis .....
Tag this Judgment!Court : Kolkata
..... that is done, the result would be that the agricultural income itself would become liable to tax, which is not permissible under sub-section 1 of section 10 of the income tax act. the provisions contained in chapter xii h of the income tax act have to be read subject to section 10 of the income tax act. for the aforesaid reasons, we are of the opinion that the judgment of the ..... benefit in the case of assessee engaged in the business of growing, manufacturing and sale of tea without having regard to the relevant provisions of the incometax act, 1961 read with rule 8 of the income-tax rules 1962. 2. whether the tribunal below committed substantial error of law in holding that there was no similarity between the provisions of section 115wa vis .....
Tag this Judgment!Court : Kolkata
..... the cess on green leaf amounting to rs.3 lakh is an allowable expenditure by disregarding that it is directly attributable to core agriculture activities which is taxable under state agriculture income tax and is beyond the prevue of central income tax and on this issue the slp has been admitted against the order of this hon ble court in case of aft industries-vscit ..... tribunal has erred in law in holding that the cess on green leaf amounting to rs.32,68,164/- paid before furnishing of return of income was allowable under section 43b of the i.t.act,, by disregarding that the cess on green leaf which was not paid within the previous year and which is contrary to the provision of the ..... section 43b of the i.t.act, 1961 under which it is allowable on actual payment basis?. 3. whether on the facts and in the circumstances of the case conclusion arrived at by the ld. .....
Tag this Judgment!Court : Kolkata
..... % for the purpose of computing fringe benefit tax. if that is done, the result would be that the agricultural income itself would become liable to tax, which is not permissible under sub-section 1 of section10 of the income tax act. the provisions contained in chapter xii h of the income tax act have to be read subject to section 10 of the income tax act. for the aforesaid reasons, we are of ..... and the orders of the authorities below. we have also considered the relevant provisions i.e.section 1125wa, 115wb & 115we of the income tax act. we observe that an employer assessee is liable to pay fringe benefit tax u/s.115wa of the income tax act, in relation to fringe benefits provided by him to its employees, sub-section (2) of section 115wa starts with a non .....
Tag this Judgment!Court : Kolkata
..... is expected to record his own reasoning for the conclusion reached therein. unless such reasons are recorded, the purpose of providing revisional/appellate jurisdiction in the income-tax act would be defeated. in other words, the revisional/appellate authority may not be able to appreciate the reasons for the conclusions reached by the assessing officer. ..... mr.nizamuddin go to establish that the assessment order was passed after due application of mind. mr.poddar contended that there is no provision in the income tax act which requires the assessing officer while accepting the claim of the assessee to pass a reasoned order. the reasons, according to him, are required ..... before the assessing officer. thus, there was no material to support the claim of the appellant that the said amount represented compensation for loss of agricultural income. he accepted the entry in the statement of the account filed by the appellant in the absence of any supporting material and without making any inquiry .....
Tag this Judgment!Court : Kolkata
..... whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee was entitled to relief under section 35c of the income-tax act, 1961 ?. . the point was already covered by a judgment of this court in the case of the same assessee, which has also been taken note of, ..... a judgment of the apex court in the case of commissioner of income tax versus cynmid india ltd., reported in 237 itr 58.(sc).in that case, the assessee incurred expenditure in disseminating literature, pamphlets, etc., containing information on modern techniques and methods of agriculture designed for increasing the yield of rice amongst the cultivators and ..... provision. the objective of the provision incorporated in section 35c was to promote the pursuit of the agriculturists. the object was not to provide incentives for the agriculture pursued by the assessee himself, which is the case before us. there is as such no reason why any other view than the view already taken by .....
Tag this Judgment!Court : Kolkata
..... and the tribunal in estimating the gross profit rate on sales did not act on any material but acted on pure guess and suspicion. it is thus a fit case for the exercise of our power under article 136. in the case of m/s joharmal murlidhar and co. vs. agricultural income tax officer, assam and ors. reported in 1970(3) scc 331 their ..... of electricity unauthorisedly used. the rate to be applied to such quantity has been statutorily fixed. best judgment assessment is one of the procedures recognised by section 144 of the income tax act 1961 which provides as follows:- (1) if any persona- a) fails to make the return required [under sub-section (1) of section 139] and has not made a return ..... be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year.] in the income tax act of 1922 the method was also there in section 23(4) thereof. the decided cases on the topic throw abundant light on the scope and method of such assessment .....
Tag this Judgment!Court : Kolkata
..... lahore high court on 12th january, 1926 and 1st april, 1926 respectively under the provisions of the income tax act 1922. there was no further right to appeal. on 1st april 1926 section 66a was inserted by an amendment to the indian income tax act, 1922 by which provision for an appeal to the privy council was introduced for the first time. ..... of any right subsequently conferred? reference in this regard may be made to the judgment in the case of delhi cloth and general mills company, limited vs. the income tax commissioner, delhi and another reported in air 1927 pc 242. this judgment was cited by mr. moitra, learned counsel appearing for the accused-respondent. in that case ..... a displaced person from lahore, was the owner of a house at lahore known as 5, danepur road, she exchanged her said house with 766 bighas of agricultural land in a village called punjab khore within the state of delhi which belonged to malik sarfiroz khan noor of west pakistan. after an order confirming the exchange .....
Tag this Judgment!Court : Kolkata
..... in every statute there is section engrafted where an adjudicatory body is set up and that is why further provision has been given in section 131 of the income tax act 1961.387. mr. pal contended that the learned advocate general has conceded that it is vague and uncertain but that will not make the ..... vs. state of u.p. reported in air 1962 sc 1563 the supreme court held that the word land is wide enough to include all lands whether agricultural or non-agricultural land.494. we have also noticed that the power of the state legislature to legislate in respect of the landlord and tenant of buildings is to be found in ..... to tenant in possession by way of compulsory purchase of all lands not required by the land holder for their personal cultivation, distribution of the ownership and control of agricultural lands as passed to subserve common good. prevention of encroachment of public lands and removal of such encroachments or unauthorized occupation of vacant land.492. we have also considered .....
Tag this Judgment!Court : Kolkata
..... in every statute there is section engrafted where an adjudicatory body is set up and that is why further provision has been given in section 131 of the income tax act 1961. 392. mr. pal contended that the learned advocate general has conceded that it is vague and uncertain but that will not make the ..... vs. state of u.p. reported in air 1962 sc 1563 the supreme court held that the word land is wide enough to include all lands whether agricultural or non-agricultural land. 491. we have also noticed that the power of the state legislature to legislate in respect of the landlord and tenant of buildings is to be found ..... to tenant in possession by way of compulsory purchase of all lands not required by the land holder for their personal cultivation, distribution of the ownership and control of agricultural lands as passed to subserve common good. prevention of encroachment of public lands and removal of such encroachments or unauthorized occupation of vacant land. 489. we have also considered .....
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