Court : Delhi
Decided on : Jan-30-2018
..... this regard is as follows: (iii) the ao has ignored the provisions of law pertaining to the assessability of the agricultural lands at satbari and jaunapur which according to provisions of section 2(ea) of the wealth tax act are not taxable as these come under the exception clause of section 2(ea) which reads as under: section 2 ..... the land situated at satbari, tehsil mehrauli, delhi?. in wta82008 (1) whether, in the facts and circumstances of the case, the income tax appellate tribunal was correct in law in holding that the commissioner of wealth tax (appeals) erred in wta52008, 6/2008, 7/2008 & 8/2008 page 2 of 7 giving a finding that these assets were ..... two immovable properties ]..3. the appellants/assessees were aggrieved and appealed to the cwt. the cwt by order dated 12.11.1997 rejected the assessees contentions. the income tax appellate tribunal (itat) accepted the assessees plea with respect to the tentative nature of the valuation applied, on the basis of the dvo s report. the itat .....
Tag this Judgment!Court : Delhi
Decided on : Jan-30-2018
..... this regard is as follows: (iii) the ao has ignored the provisions of law pertaining to the assessability of the agricultural lands at satbari and jaunapur which according to provisions of section 2(ea) of the wealth tax act are not taxable as these come under the exception clause of section 2(ea) which reads as under: section 2 ..... the land situated at satbari, tehsil mehrauli, delhi?. in wta82008 (1) whether, in the facts and circumstances of the case, the income tax appellate tribunal was correct in law in holding that the commissioner of wealth tax (appeals) erred in wta52008, 6/2008, 7/2008 & 8/2008 page 2 of 7 giving a finding that these assets were ..... two immovable properties ]..3. the appellants/assessees were aggrieved and appealed to the cwt. the cwt by order dated 12.11.1997 rejected the assessees contentions. the income tax appellate tribunal (itat) accepted the assessees plea with respect to the tentative nature of the valuation applied, on the basis of the dvo s report. the itat .....
Tag this Judgment!Court : Delhi
Decided on : Jan-30-2018
..... this regard is as follows: (iii) the ao has ignored the provisions of law pertaining to the assessability of the agricultural lands at satbari and jaunapur which according to provisions of section 2(ea) of the wealth tax act are not taxable as these come under the exception clause of section 2(ea) which reads as under: section 2 ..... the land situated at satbari, tehsil mehrauli, delhi?. in wta82008 (1) whether, in the facts and circumstances of the case, the income tax appellate tribunal was correct in law in holding that the commissioner of wealth tax (appeals) erred in wta52008, 6/2008, 7/2008 & 8/2008 page 2 of 7 giving a finding that these assets were ..... two immovable properties ]..3. the appellants/assessees were aggrieved and appealed to the cwt. the cwt by order dated 12.11.1997 rejected the assessees contentions. the income tax appellate tribunal (itat) accepted the assessees plea with respect to the tentative nature of the valuation applied, on the basis of the dvo s report. the itat .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-30-2018
..... of the constitution ought not to be entertained if alternate statutory remedies are available, except in cases falling within the well defined exceptions as observed in commissioner of income tax and others vs. chhabil dass agarwal, 2014 (1) scc603 as follows: 15. thus, while it can be said that this court has recognised some ..... but to prefer the writ application as the respondent genuinely desired to discharge the loans. the collateral security offered included agricultural lands also, which had to be excluded under section 31 of the sarfaesi act. there had been violation of the principles of natural justice. a large number of similar writ applications are pending ..... to expedite the recovery proceedings, does 6 not envisage grievance redressal procedure at this stage, by virtue of the explanation added to section 17 of the act, by amendment act 30 of 2004, as follows :- explanation. for the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by .....
Tag this Judgment!Court : Delhi
Decided on : Feb-02-2018
..... assessing officer, the assistant commissioner of income tax, circle-28 w.p.(c) 10870/2017 page 1 of 19 (1) new delhi, ..... of m/s sky light hospitality private limited upon conversion under the limited liability partnership act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-11 under sectionof the income tax act, 1961 ( act for short).2.... petitioner also impugns the order dated 09.11.2017 passed by the ..... before the purchase of land, for which agreements were signed later. further, assessee after purchasing the said land made payment to convert the land from agricultural use to non- agricultural use. also, the collaboration agreement entered with the dlf (from which it had taken loan to buy the land) was done in a short time .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-05-2018
..... the above reasons, i hold that the assessee society is not eligible for exemption u/s 10(23c)(vi) of the income tax act. therefore, the approval granted u/s 10(23c)(vi) of the it act by the chief commissioner of income-tax, hubli is hereby withdrawn w.e.f. 01-04-2009 i.e. a.y. 2010- 11 onwards. (b ..... writ petitions in this court on 20/01/2018 aggrieved by the order passed by the respondent director general of income tax (inv.), bengaluru, dated 21/12/2017 under section 10(23-c)(vi) of the income tax act, 1961 ( act for short), withdrawing the approval granted to the said petitioner - trust for exemption under section 10(23-c)(vi ..... the act, clause (vi) and also third proviso of the said provision. incomes which do not form part of total income incomes not included in total income. section 10. in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included - (1) agricultural income; (section 23-c) any income received .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-16-2018
..... of revenues.46. taxes on agricultural income.47. duties in respect of succession to agricultural land.48. estate duty in respect of agricultural land. entries 82, 86, 87 and 88, list i and entries 6 and 7, list iii also specifically exclude agriculture as follows:63. /p> 82. taxes on income other than agricultural income.86. taxes on the capital ..... (1989) 3 scc634 in paragraph 74, the learned judge, while upholding the hotel receipts tax act, 1980 held that, in pith and substance, it was referable to entry 82, list i, being, in substance, a tax on income. in particular, shri bhushan relied upon the statement of the law that since parliament had ..... (emphasis supplied) similarly, in pathumma (supra), this court was concerned with a challenge to the constitutional validity of section 20 of the kerala debt agriculturists relief act, 1970, which entitled debtors to recover properties sold to purchasers in execution of decrees. this court, after referring to fatehchand (supra) in some detail, held .....
Tag this Judgment!Court : Delhi
Decided on : Feb-26-2018
..... nature of holding. moreover, the issue of transfer of lease rights (in the case of lease for 99 years, relating to agricultural land) was considered in r.k. palshikar (huf) v. commissioner of income tax, air1988sc1305 the court observed as follows: the next question which we have to consider is whether the provisions of section 12-b ..... - a hindu undivided family (huf), questions an order of the income tax appellate tribunal (itat) which allowed the revenue s appeal.2. the facts of the case are that the assessing officer (ao) added 40,40,000/- under section 50c of the income-tax act, 1961 [hereafter the act for short].. the assessee had for the relevant assessment year (ay ..... ) filed its return declaring an income of 9,35,010/- including long term capital gain of 7,57,435/-. later, a notice under .....
Tag this Judgment!Court : Delhi
Decided on : Feb-26-2018
..... greater noida industrial development authority,(supra) after extensively referring to the statutory mandate and object for which the petitioner authority has been established and also the provisions of the act i.e. the income tax act, had observed that the petitioner was to provide amenities and facilities in industrial estate and in industrial area in the form of road, electricity, sewage etc. we have ..... the said case, reads as under:-" 10. incomes not included in total income in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included: (1) agricultural income; *********** (20) the income of a local authority which is chargeable under the head income from house property capital gains or income from other sources or from a trade .....
Tag this Judgment!Court : Delhi
Decided on : Mar-06-2018
..... his hands as explained in m.m. rubber and company (supra).41. in k. joseph jacob versus agricultural income tax officer and another, [1991]. 190 itr464(ker) dealt with section 35(2) of the kerala agricultural income tax act, 1950, which had stipulated that no order of assessment, etc. shall be made after expiry of five ..... years at the end of the year in which the agricultural income was first assessable. it was observed that communication was made on the ..... placed on state of punjab versus shreyans industries ltd., (2016) 4 scc769 kumar jagdish chandra sinha versus commissioner of income tax, west bengal, air1996sc1895 state of punjab versus khemi ram, air1970sc214 k. joseph jacob versus agricultural income tax officer, [1991]. 190 itr464(ker); qualimax electronics versus union of india, (2010) 27 stt231(delhi high .....
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