Court : Chennai
Reported in : (1984)42CTR(Mad)57; [1984]148ITR341(Mad)
..... in s. 5 was substituted for the original word 'plantation' by s. 6(1) of the tamil nadu plantation 5. agricultural income-tax (amendment) act, 1958. the first proviso to s. 5(k) says that the borrowing should be genuine having due regard to the assets of ..... cases filed by the assessee are directed against the order of the agricultural income-tax appellate tribunal, madras, in a.t.a. nos. 44 and 45 of 1980. 2. the ..... the assessee) (k) any interest paid in the previous year on any amount borrowed and actually spent on the land from which the agricultural income is derived : provided that the need for borrowing was genuine having due regard to the assets of the assessee at the relevant time ..... the assessee at the relevant time. the second proviso stipulates that the interest allowed under s. 5(k) shall be limited to 9% on an amount equivalent to 25% of the agricultural income .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad566; [1950]18ITR259(Mad)
..... no reason for not considering it as agriculture. the decision in commissioner of agricultural income-tax v. jagadish chandra deo : [1949]17itr426(cal) arose under the bengal agricultural income-tax act, 1944, which also contained a definition of 'agricultural income' which is similar in language to the definition in the income-tax act. the question was whether income derived from the sale of certain sal trees was an agricultural income and derived from a land which ..... was used for agricultural purposes. there were regular operations of forestry in the case .....
Tag this Judgment!Court : Chennai
Reported in : [1995]215ITR64(Mad)
..... itr 325 in which case the assessee claimed exemption of the interest on earlier sufferance payable in respect of the land used for agricultural purposes under the provisions of the indian income-tax act, 1922. the privy council noted that there was diversity of judicial opinion as to the correct answer to the question whether such ..... direct association with the land which is used for agricultural purposes and not by indirectly extending it to cases where that revenue ..... and in the case of maharajadhiraja sir kameshwar singh v. cit : [1961]41itr169(sc) and concluded on the subject in these words : 'this court observed in mrs. bacha f. guzdar v. cit : [1955]27itr1(sc) , as follows (at page 33) : 'agricultural income' as defined in the act is obviously intended to refer to the revenue received by .....
Tag this Judgment!Court : Chennai
Reported in : [1998]230ITR663(Mad)
..... firm constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of this act, and of any other enactment for the time being in force relating to agricultural income-tax. (2) the application shall be made by such persons and at such times and shall contain such particulars and ..... sub-s. (7) provides that while permission granted under s. 65(5) is in force, the provisions of the act regarding the submission of the returns, accounts or other documents pertaining to the assessment to agricultural income-tax, or any other matter incidental thereto, shall not apply in relation to the grantee. sub-s. (8) permits the ..... decrease or increase in holding of the land of the assessee who has availed the benefit of composition. 12. the schedule to the act in part i sets out the rates of the agricultural income-tax. part ii sets out the rate at which the composition fee is to be paid. these schedules were substituted by the amending .....
Tag this Judgment!Court : Chennai
Reported in : [2000]242ITR148(Mad)
..... file does not contain any order made under the income tax act, 1961, holding the assessee's income as exempt for tax on the ground that it is a charitable institution for this assessment year.section 4(b) of the tamil nadu agricultural income tax act reads as under :'any agricultural income derived from property held under trust, wholly or ..... partly for charitable or religious purposes, to the same extent to which income derived from property held under trust wholly or partly for charitable or religious ..... had failed to comply with the requirement of section 4(b) of the tamil nadu agricultural income tax act, 1955, inasmuch as the assessee had failed to prove that for the assessment year in question, the assessee's income from the property held in trust wholly or partly for charitable or religious purpose, to .....
Tag this Judgment!Court : Chennai
Reported in : [1971]82ITR676(Mad)
..... petitioner filed a revision petition before the commissioner of agricultural income-tax, madras. the revisional authority set up a poser to himself to the following effect:'does section 4(b) of the act operate in relation to an assessee who has asked for composition of agricultural income-tax payable by him?'he was of the view that ..... proceedings under section 34 of the act, being independent and self-operative, the normal concessions and exemptions contemplated ..... petitioner is admitedly assessable to agricultural income-tax under the madras agricultural income-tax actof 1955. for the year 1965-66, the petitioner filed an application under section 34 of the act as amended in 1958 and sought for orders of composition as provided therein and for the ultimate compounding of the tax on the basis of the .....
Tag this Judgment!Court : Chennai
Reported in : [1980]124ITR557(Mad)
..... land settled on indrani with the lands of the assessee for the purpose of determining the agricultural income-tax payable by him under the tamil nadu act v of 1955. section 9(2) of that act states :' 9(2) in computing the total agricultural income of any individual for the purpose of assessment, there shall be included- (a) so ..... , an orphanage and a secondary school at karambakkadu on march 11, 1960. up to the assessment year 1971-72, the assessee was permitted to compound his agricultural income-tax on his total holdings of 270.12 acres of land as it stood before the abovesaid settlement of properties. the assessee filed revision petitions before the commissioner of ..... chetty : [1950]18itr145(mad) is apposite. the learned judge stated (p. 150) :'it must be remembered that section 16(3)(a) of the indian income-tax act is an enactment applicable to all persons irrespective of their faithor religion. the fact that amongst sudras, illegitimate sons get a share of the inheritance on the death .....
Tag this Judgment!Court : Chennai
Reported in : [1980]125ITR41(Mad)
..... revise the order of the commissioner of agrl. i.t., madras, dated july 13, 1973. the assesses was assessed for the assessment year 1970-71 to agricultural income-tax under the tamil nadu agrl, i.t. act, 1955, by the agrl. ito, coimbatore, by his order dated september 19, 1971. he determined a loss of rs. 52,377. the assessee ..... section 34 of the act, when no appeal had been preferred to the appellate tribunal under section 32. the contention of the learned counsel for the assessee is that as a right of appeal has been provided against the order of the commissioner, if the commissioner is aggrieved, he can only direct the income-tax officer to file an ..... for the years 1945 to 1949. the agrl. ito assessed these amounts to tax in the respective years under the travancore-cochin agrl. i.t. act, 1950, as the assessee's income. the aac, on appeal, held that the amounts could not be assessed as his income and directed the assessment of the said sums separately through the legal representative .....
Tag this Judgment!Court : Chennai
..... u/s.2(14) of the income tax act, 1961 and the long term capital gains on sale of land is brought to tax u/s.45 and also agricultural income is treated as income from other sources. the departmental representative further submitted that commissioner of income tax (appeals) failed to appreciate that no agricultural operations were carried out in the sold ..... on the facts and circumstances of the case, the appellate tribunal was correct in law in holding that the impugned land is an agricultural land within the meaning of section 2(14)(iii) of income tax act, 1961 at the time of transfer and hence the profit on sale of impugned land is exempt from capital gains ..... once the tribunal had accepted that the classification of lands as per the revenue records were agricultural lands, which are evidenced by the adangal and the letter of the tahsildar and satisfied other conditions of section 2(14) of the income tax act, the court is of the view that the tribunal had misdirected itself as stated above. .....
Tag this Judgment!Court : Chennai
Reported in : [2000]241ITR476(Mad)
..... held by them in the said firm. the partners have no individual income from agriculture. however, the agricultural income-tax officer, coonoor, permitted the partners of the said firm to have the matter compounded under section 65(3) of the tamil nadu agricultural income-tax act, 1955, and enabled them to pay tax accordingly.3. the commissioner of agricultural income-tax, chepauk, madras-5, in suo motu revision proceedings, cancelled the said order ..... of the agricultural income-tax officer, on the ground that the partners of the firm have no income from the lands owned by them individually and consequently issued direction to .....
Tag this Judgment!