Court : Kolkata
Reported in : (1924)ILR51Cal504
..... . this is a reference by the commissioner of income tax, assam, under section 66(2) of the income tax act (act xi of 1922): the reference is made on the application of the assessee. the commissioner has held that income derived from pasturage is not assessable to income-tax on the ground that it is 'agricultural income' within sections 2 and 4 of the income tax act. the crown does not now dispute the ..... . the applicant, however, contends that neither of these sources of income is assessable to income-tax, and he founds his contention upon two grounds: (i) that such income is 'agricultural income' as defined in section 2, and is exempted from assessability under section 4(3)(viii) of the income tax act of 1922, (ii) that the imposition of 'income-tax upon income derived from the sources in question would be an additional .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant190
..... 10 (1) (a) read with section 3 (3) of the karnataka agricultural income-tax act, 1957 ignoring section 10 (2) (a) of that act.'section 3 (3) of the karnataka agricultural income-tax act, 1957 (hereinafter referred to as 'the act'), will have no application to a case where a person holds agricultural lands as a trustee and receives the agricultural income partly for his own benefit and partly for the benefit of ..... others. as their lordships came to the conclusion that the document created a trust and as section 13 of the assam agricultural income-tax act did not deal with the trustees, that section was held not applicable. as section 13 of the assam agricultural income-tax act did not apply to the facts of that case, their lordships proceeded to hold that sec. 12 (1) of the assam .....
Tag this Judgment!Court : Kerala
Reported in : (1986)52CTR(Ker)247; [1986]158ITR630(Ker)
..... from sale of teak trees cut and removed for the purpose of planting the area with rubber trees could be brought to tax under the agricultural income-tax act. the court pointed out that so long as the trees remain uncut, they form part of the land on which they stand and the sale of trees cut and removed ..... rubber estate sold by the assessee, it has to be shown that such trees constitute a capital asset within the meaning of the term in section 2(14) of the income-tax act, agricultural land in rural areas continues to be excluded from the definition of ' capital asset '. the estate sold by the assessee is in a rural area and the revenue has no ..... once and for all affect the capital structure. these decisions of the supreme court do not appear to have been noticed by this court in clen leven estates ltd. v. cit .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1978KAR1229; [1979]116ITR84(KAR); [1979]116ITR84(Karn); 1978(2)KarLJ105
..... the provisions of this act shall apply accordingly. 10(2)(a). save as provided in sub-section (1), if a person holds lands from which agricultural income is derived partly for his own benefit and partly for the benefit of others or wholly for the benefit of others, agricultural income-tax shall be assessed on the total agricultural income derived from such ..... land at the rate which would be applicable if such person had held the land exclusively for his own benefit.' 4. it is clear from the language of s. 10(2)(a) of act that the question of application of ..... of s. 10(2)(a) of the act. 5. the language of s. 10(1)(a) of the act makes it clear that in the case of agricultural income taxable under the act which the trustee appointed by written agreement, is entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from the trustee .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC81; [1966]60ITR83(SC); [1966]3SCR84
..... a combined reading of s. 12b with s. 2(4a) ofthe income-tax act under the head 'capital gains'. the expression'accumulated profits' does not include capital gains arising withinthe ..... distribution be liable to be taxed as dividendunder s. 12 of the income-tax act. as we have already pointed out capital gainsunder s. 12b are chargeable in respect of any profits arising from transfer of'capital assets', and 'capital assets' do not include landsfrom which the income derived is agricultural income. profits derived bytransfer of lands from which the income derived is agricultural income wouldnot therefore be chargeable on .....
Tag this Judgment!Court : Kerala
Reported in : [1993]203ITR226(Ker)
..... selling rubber at its malankara rubber estate at thodupuzha. the petitioner is an assessee to agricultural income-tax under the agricultural income-tax act, 1950 (for short, 'the agrl. i. t. act'). for the assessment year 1981-82, the petitioner was assessed under the agricultural income-tax act by order dated december 5, 1983, copy of which is annexure-a. the ..... commr. of agrl. i. t. : [1993]200itr238(ker) . the former was a case where the order under section 34 of the agricultural income-tax act passed by the commissioner of agricultural income-tax after a lapse of about ten years was challenged on the ground that the same is irrational and unreasonable. after holding that the reopening of ..... account also, the order cannot be supported. we have already found that the compensation being a capital receipt is not amenable for taxation under the agricultural income-tax act. on that point itself, the revision has to be allowed and the impugned order has to be set aside. in that view, it is .....
Tag this Judgment!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 : Chennai
Reported in : [1993]199ITR471(Mad)
..... all these cases, the interest received by the partners from the registered firm was sought to be brought to tax by initiating action under section 35 of the tamil nadu agricultural income-tax act, 1955 (hereinafter called 'the act'). after considering the objections of the assessee, the agricultural income-tax officer proceeded to assessee 60 per cent. of the total salary and interest received by the assessee from the ..... estate. in karimtharuvi tea estates ltd. v. state of kerala : [1963]48itr83(sc) , while dealing with the kerala agricultural income-tax act, in regard to disallowance of certain deductions in the computation of agricultural income, it was held that such deduction would not apply to computation of agricultural income derived from tea plantations. the following observations of the supreme court are useful for the determination of the present .....
Tag this Judgment!Court : Chennai
Reported in : [1972]86ITR263(Mad)
..... the land during any part of the financial year in excess of the exempted extent, as contemplated in the proviso to sub-section (1) of section 10 of the agricultural income-tax act. the commissioner of income-tax applied the proviso apparently viewing possession as equivalent to ownership. these are distinct judicial concepts. thus understood, the petitioner cannot be deemed to be in possession of this ..... meaning owning land as 'owner'. we are not concerned with the other part of the definition. this definition of the expression 'to hold' is repeated in the agricultural income-tax act as well. section 2(nn) of the income-tax act provides that the expression 'to hold' means to possess and enjoy either as owner or tenant, etc. therefore, the conspicuous element which is common to both .....
Tag this Judgment!Court : Mumbai
Reported in : [1980]121ITR920(Bom)
..... to as 'the act'), levying for the first time tax on agricultural income. under s. 1(3) of the act, the act was deemed to have come into force on ..... to the constitution of india read with art. 246 of the constitution taxes on agricultural income are a state subject. prior to 1962, there was no act passed by the legislature of the state of maharashtra levying tax on agricultural income. on december 15, 1962, the state of maharashtra passed on act entitled the maharashtra agricultural income-tax act, 1962 (maharashtra act no. xli of 1962) (hereinafter for the sake of brevity referred .....
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