Court : Allahabad
Decided on : Jan-02-1958
Reported in : [1958]34ITR426(All)
..... has referred two questions to this court, namely :'(1) whether the price received on the sale of stray fruit bearing trees and grove trees is income ?(2) whether it is an agricultural income assessable under the u.p. agricultural income-tax act ?'the principal contention on behalf of the assessee in this court is that in the circumstances of this case the price received by the assessee ..... . the questions arose in the course of two applications in revision before the board and the reference has been made under section 24(1) of the u.p. agricultural income-tax act. the circumstances in which the reference has been made can be stated very shortly.the assessee was the taluqdar of the deara estate in the district of sultanpur, and in .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-1958
Reported in : AIR1958All528; [1960]39ITR687(All)
..... to raise were identical.2. the appellant is a firm which carries on business of supplying seeds and plants at saharanpur. the appellant was assessed to agricultural income-tax under the u. p. agricultural income-tax act, 1949. it was not found assessable for the year 1947-48 but was assessed for the years 1948-49, 1949-50, 1950-51, 1951- ..... entitled to do.17. learned counsel for the respondent pointed out in this connection that unlike section 33 of the income-tax act section 22 of the agricultural income-tax act does not contain the word, 'subject to the provisions of this act'. on that basis he argued that the revisional powers of the board of revision could not be subject to ..... 8. the main contention pressed in appeal is that the revisional powers of the board of revision under section 22 of the agricultural income-tax act are subject to the provisions of section 25 of the act and after the expiry of the period of limitation mentioned in the latter section it was not open to the board of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-23-1958
Reported in : AIR1959AP468
..... learned chief justice, in the course of the judgment, brought out in bold relief the distinction between the provisions of section 54 of the income-tax act and those of section 74 of the evidence act. at p. 455 (of itr): (at p. 773. of air), the following observations on the interpretation of section 54 are found ..... documents in a sealed cover and thereafter proceeded to decide the question of privilege raised by the income-tax officer under section 54 of the act. he held, on a consideration of the relevant provisions of the indian income-tax act and the decisions of courts thereon, that the returns are public documents and, therefore, are not ..... of the learned subordinate judge, anantpur, holding that the income-tax returns are not entitled to the protection afforded by section 54 of the indian income-tax act.2. the facts that gave rise to the revision may be stated. one narayanappa filed two income-tax returns before the income-tax officer, anantpur, for the assessment years 1949 and 1950 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-25-1958
Reported in : AIR1958P& H326
..... provision in the present case governs the territories comprised in the erstwhile state of pepsu by virtue of the provisions of section 119 of the states reorganisation act, 1956. in ramjilal v. income-tax officer, mohindar garh, air 1951 sc 97 (d) it has been observed that the provision that pending proceedings should be concluded according to the ..... protection afforded by section 60(1)(c) as the judgment-debtor never gave up possession of the house and had been using it throughout for purposes subservient to agriculture.no such question is involved in the present case and, if any authority can be of assistance, reference may be made to mt. rewati v. chiranji lal ..... being discriminatory. it is contended that in the other areas of the state of punjab, section 60(1) (ccc), as amended by the punjab relief of indebtedness act (act vi of 1942), restricts the mischief of the proviso only to those houses which have been specifically charged with the debt sought to be recovered and, therefore, the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-1958
Reported in : [1958]34ITR590(Mad)
rajagopalan, j. - the two questions that were referred to this court for determination were :1. whether the words 'income arising in the taxable territories' in section 4a (c) of the income-tax act would also include agricultural income arising in the taxable territories ?2. whether the assessee was rightly assessed as a resident within the meaning of section 4a(c) the answer to the second of these ..... relevant year the tribunal took into account a sum of rs. 4,40,341 which constituted agricultural income as defined by section 2(1) of the income-tax act. if that were ignored the taxable income that arose to the assessee within the taxable territories would be less than the income that arose to it outside the taxable territories in that year.in effect the learned counsel .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-11-1958
Reported in : AIR1958SC468; (1958)IMLJ179(SC); [1958]1SCR1422; [1958]9STC298(SC)
..... 86, the questionarose as to the validity of certain provisions of the indian income-tax act,which sought to tax non-resident foreigners in respect of their foreign income.the indian legislature had under entry 54 in list i of the government of indiaact power to enact laws imposing tax on income other than agricultural income,and under s. 99(1) the law could be made 'for the whole ..... of british indiaor for any part thereof'. it was held by the privy council that therequirements of s. 99 were satisfied if there was sufficient territorialconnection between the state imposing the tax and the person who was sought .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-1958
Reported in : AIR1959Bom51; (1958)60BOMLR920; ILR1958Bom1153; [1958]34ITR30(Bom)
..... also drawn by mr. palkhivala to a decision of the supreme court in commr. of income-tax v. benoy kumar shhas roy : [1957]32itr466(sc) . there too the income-tax authorities failed to adduce proper evidence to establish whether the income was agricultural or non-agricultural income and an attempt was made before the supreme court to send the matter back to enable ..... seems to us to be not very substantial , and that is that the income-tax officer in the first instance gave a rebate of one anna on the amount of income-tax which the company was liable to pay under the provisions of the finance act of 1948 and mr. palkhivala says that this rebate could only be granted to ..... held by more than one individual, a controlling interest cannot be said to arise unless it is shown that the individuals who together hold the requisite percentage are acting in concert. in the case before their lordship over 51 per cent. of the voting power was held by the respondent, a single individual, and consequently the .....
Tag this Judgment!Court : Kerala
Decided on : Mar-18-1958
Reported in : [1960]40ITR681(Ker)
..... development - is a current and not a capital expenditure, and is hence entitled to the deduction claimed under section 5(e) of the madras plantations agricultural income-tax act, 1955.the income-tax manual (10th edition, page 536) deals with the capital and revenue expenditure of tea gardens as follows :'in assessing the profits of tea concerns there will ..... difference between capital expenditure and revenue expenditure has often come up for discussion in connection with section 10(2)(xv) of the indian income-tax act, 1922, in which act also as in the madras plantations agricultural income-tax act, 1955, there is no definition of the expression 'capital expenditure'. as stated by the privy council in mohanlal hargovind v. ..... m. s. menon, j. - section 5(e) of the madras plantations agricultural income-tax act, 1955, provides that the agricultural income of a person shall be computed after making the following deduction, namely,'any expenditure incurred in the previous year (not being in .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-1958
Reported in : AIR1959Kant123; AIR1959Mys123
..... the principle appears to be based on the assumption that the property goes on continually yielding the same income as at the date of the acquisition. whatever the justification for relying on such an assumption in the case of agricultural lands, it would not be safe to extend the same to a case of land with building because ..... of years' purchase was arrived at by taking into account the interest yielded by government securities at the time of the notification under section 4(1) of the act which was accepted to be 3 per cent per annum. the capitalisation was, therefore, fixed at thirty-three and one-third years' purchase.it appears that their ..... the rental for ten months as the annual letting value on the assumption that two months' rent would ordinarily be required for defraying the expenses regarding repairs, municipal taxes and such other incidental expenses.there is no dispute on this point. he takes twenty years' purchase as the proper basis for calculation and fixes the reasonable .....
Tag this Judgment!Court : Chennai
Decided on : Mar-25-1958
Reported in : (1958)2MLJ399
..... the income-tax act were:(1) whether there was material for the appellate tribunal to hold that the income arising to mrs. c.m. kothari and mrs. d.c. kothari from the property arose indirectly out of the assets transferred indirectly by their husbands so as to attract the provisions of section 16 (3)(a)(iii)?(2) whether the aforesaid dividend income is agricultural income within the ..... is certainly not identical with the statutory provision in section 16(3)(a)(iii) of the income-tax act, which it should be remembered, says:in computing the total income of any individual for the purpose of assessment, there shall be included-(a) so much of the income of a wife...of such individual as arises directly or in directly-(iii) from assets transferred directly .....
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