Court : Allahabad
Decided on : Jan-03-1975
Reported in : [1979]117ITR221(All)
..... passed on her death. being aggrieved, the accountable person challenged the order of the appellate controller by means of an appeal under section 63 of the act to the income-tax appellate tribunal. the tribunal also did not find any substance in the appeal and, consequently, dismissed the same. the accountable person, therefore, filed an ..... to the first schedule in respect whereof resolutions have been passed by the legislatures of those states adopting this act under clause (1) of article 252 of the constitution in respect of estate duty on agricultural lands situate in those states, and on the issue of any such notification the states so added shall ..... principal value ascertained as hereinafter provided of all property, settled or not settled, including agricultural land situate in the territories which immediately before the 1st november, 1956, were comprised in the states specified in the first schedule to this act, and in the union territories of dadra and nagar haveli, goa, daman and diu .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-1975
Reported in : AIR1975SC1234; (1975)GLR418; (1975)0GLR40; (1975)2SCC175; [1975]3SCR220
..... its system of taxation in all proper and reasonable ways (see ram krishna dalmia v. shri justice s. r. tendolkar : [1959]1scr279 and khandige shah bhat v. agricultural income-tax officer, kasaragod : [1963]3scr809 . keeping the above principles in view, we find no violation of article 14 in treating pending cases as a class different from decided ..... the union of india and ors. : [1970]77itr107(sc) it was urged on behalf of the appellants that clause (g) of section 297(2) of the income-tax act, 1961 was violative of article 14 inasmuch as in the matter of imposition of penalty, it discriminated between two sets of assessees with reference to a particular date, namely, ..... is permissible to enact a law that no appeal shall lie against an order relating to an assessment of tax unless the tax had been paid. such a provision was on the statute book in section 30 of the indian income-tax act, 1922. the proviso to that section provided that '...no appeal shall lie against an order under sub-section .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-1975
Reported in : (1976)2MLJ291
..... the rents or profits thereof and shall include a lessee; but shall include - (i) a firm registered under the indian partnership act, 1932 - or a company - or a corporation - or (ii) any person who was assessed to income-tax under the indian income-tax act (central act xi of 1922) in any of the years 1951-52, 1952-53, 1953-54.section 3 of this ..... act provided:no suit for recovery of a debt shall be instituted, no application for the execution of a decree for payment ..... of 19 54. as far as madras act i of 1955 is concerned, the term 'agriculturist' has been defined in section 2 (a) as meaning:a person who has an interest other than interest as a simple mortgagee in any agricultural or horticultural land not being a land appurtenant to a residential building, but shall not include-(i) any .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-31-1975
Reported in : ILR1975KAR1175; [1976]104ITR794(KAR); [1976]104ITR794(Karn); 1975(1)KarLJ492
..... these petitions under article 226 raise a common question of law relating to the scope of the third proviso to section 36 of the karnataka agricultural income-tax act, 1957 (hereinafter referred to as 'the act'). 2. the facts giving rise to these petitions are these : prior to 1958, certain areca garden was jointly held by one p. ..... 8. for immediate reference, the above provision is set out below : '36. income escaping assessment - if for any reason any agricultural income chargeable to tax under this act has escaped assessment in any financial year or has been assessed at too low rate, the agricultural income-tax officer may, in cases falling under sub-section (3) of section 40, at ..... issued by this court in writ petitions nos. 1769 and 1770 of 1967 (p. cheradppa pai v. agricultural income-tax officer, puttur), the respondent issued notice under section 19(3) read with section 3 of the act calling upon the petitioners to show cause why final assessment orders for the years 1965-66 and 1966-67 .....
Tag this Judgment!Court : Chennai
Decided on : Jan-31-1975
Reported in : [1976]104ITR355(Mad)
..... relying on the decision of the patna high court. the income-tax officer did not consider himself bound by the said decision as ..... that case, for the assessment year 1945-46, the income-tax officer considered the question as to whether a sum of rs. 93,604 received by the assesses on account of interest on arrears of agricultural rent due to him was liable to tax under the indian income-tax act. the assessee objected to the said amount being assessed ..... begum and jani begum as wives was preceded by the expression 'ladies of position'. under section 16(3) of the indian income-tax act, 1922,in computing the total income of any individual the income of the wife orminor children of the assessee, arising from assets transferred by him fortheir benefit otherwise than for adequate consideration, was .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-04-1975
Reported in : [1957]31ITR815(All)
..... the explanation given by the assessee was or was not correct was a question of fact. neither in the application under section 66(1) of the income-tax act before the appellate tribunal holding that the explanation was not correct were without material and vitiated in law. that question therefore is not before us in this ..... was no suggestion on the part of the income-tax authorities that during the previous year in question the assessee was carrying on any other business besides those shown by him in his books of accounts. the only other source of income disclosed by the assessee was agricultural income derived from the horticultural farm worked by him. ..... opening of the previous year, realisations made in respect of sales effected during the preceding year and profits for the preceding year. another source disclose was agricultural income earned by the assessee by carrying on an horticultural farm during a number of years preceding the previous year in question. the explanation given by the .....
Tag this Judgment!Court : Chennai
Decided on : Feb-06-1975
Reported in : [1975]36STC408(Mad)
..... act, the tamil nadu private forests (assumption of management) act, the tamil nadu electricity duty act, the tamil nadu entertainments tax act and other similar ..... in particular. the provisions of the revenue recovery act and the allied enactments such as the land improvements loans act of 1883, the tamil nadu agricultural produce markets act of 1959, the tamil nadu agricultural income-tax act of 1955, the tamil nadu city municipal corporations act, the tamil nadu court fees and suits valuation act, the tamil nadu courts of wards act, the tamil nadu sales of motor spirit taxation .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-12-1975
Reported in : AIR1976Bom13
..... function cannot issue an order which can operate with retrospective effect. for this proposition shri. manohar has relief upon a decision of the supreme court in the income--tax officer . alleppey v. i.m.c. ponnoose, : [1970]75itr174(sc) .10. for properly appreciating the contention it will be useful to refer to ..... the district central co-operative banks, the maharashtra state co-operative marketing federation ltd., taluka /block level co-operative sale and purchase societies, and the agricultural produce market committees in the cotton growing tracts of the state was convened by the chief minister at nagpur, on the 17th november, 1974. this ..... and particularly for minimising hardships experienced by cotton growers in obtaining their due payments expeditiously, suitable amendments were made in certain provisions of that act, by maharashtra act no.xlviii of 1974 2. accordingly, necessary steps for raising adequate funds for procurement , processing and marketing of cotton during the year 1974 .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-17-1975
Reported in : [1978]114ITR723(All)
..... the case, the tribunal was legally correct in holding that the assessee was a cottage industry engaged in the manufacture of metal utensils and its income was exempt under section 81(i)(b) of the income-tax act, 1961 ?'4. the tribunal having recorded the finding that the utensils were not manufactured by the society in its own factory and no ..... or (b) a society engaged in a cottage industry; or (c) a society engaged in the marketing of the agricultural produce ofits members; or (d) a society engaged in the purchase of agricultural implements,seeds, livestock, or other articles intended for agriculture for the purpose of supplying them to its members ; or (e) a society engaged in the processing without the ..... aid of power of the agricultural produce of its members ; or (f) a primary society engaged in supplying milk raised by its members to a federal milk co-operative society.' it is clear .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-26-1975
Reported in : [1975]101ITR292(Bom)
..... the view that though such a liability is a contingent liability and, therefore, not a 'debt' under section 2(m) of the wealth-tax act, it would be deductible under the income-tax act while computing the taxable profits. in the instant case, the question is not whether such estimated liability arising under the gratuity schemes amounts to ..... benefit of its employees under an irrevocable trust alone was admissible. any allowance of such liability towards an unapproved gratuity fund under section 37(1) of the income-tax act does not arises. in view of this, the earlier instructions of the board referred to above stand withdrawn with immediately effect. 4. all pending assessments ..... , there was a special provision made in respect of any special reserve created by a finance corporation indicated for providing long-term finances for industrial or agricultural development under section 36(1)(viii). this could not be deemed to be a complete self-contained code for such reserves or even as far as .....
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