Court : Chennai
Reported in : [1977]40STC531(Mad)
..... of. this would be the natural and normal meaning of the expression turnover which has escaped' in rule 17(1). 5. but, in a subsequent case arising under the bihar agricultural income-tax act, 1938, the supreme court in the decision reported in maharajadhiraj sir kameshwar singh v. state of bihar : [1959]37itr388(sc) , held with reference to a provision which is almost identical ..... in the taxable turnover on the ground that it was not liable to tax. subsequently, by a notice dated 29th october, 1963, the deputy commissioner of agricultural income-tax and sales tax, who is the revising authority, proposed to revise the assessment under section 15(1) of the travancore-cochin general sales tax act, 1125 m.e. under section 15(1), the deputy commissioner may suo motu .....
Tag this Judgment!Court : Chennai
Reported in : AIR1932Mad757; 140Ind.Cas.450; (1932)63MLJ634
..... or reasons which would justify them in suggesting that any of the 10 specified items could properly be described as agricultural income, within the definition of agricultural income contained in section 2(1) of the indian income-tax act, 1922. their lordships accordingly agree with the negative answer which has been given to question 1.23. no ..... reasons which would justify them in suggesting that any of the 10 4 specified items could properly be described as agricultural income within the definition of agricultural income contained in section 2(1) of the indian income-tax act, 1922. their lordships accordingly agree with the negative answer which has been given to question 1.3. it ..... interest on the immoveable property, but that does not, in my opinion, lead to the conclusion that income from leasing the right to catch fish in a tank is agricultural income within the meaning of the income-tax act.28. for the above reasons, i am of opinion, that the assessee's second contention also should .....
Tag this Judgment!Court : Chennai
Reported in : [1955]28ITR615(Mad)
..... -41 both the assessee and the department treated this forest income as agricultural income within the meaning of section 2(1) of the income-tax act, exempt from income-tax. in the assessment year 1941-42 also the forest income was not taxed. the circumstances under which the income under this head was left untaxed that year were explained by the income-tax officer in his assessment order dated 28th february 1942, an ..... made by the assessee. the auditor raised a preliminary objection that the income from forests on lands assessed to land revenue is agricultural income and therefore exempt form tax. i differed and held that the said income did not fall within the meaning of agricultural income contemplated by section 2 (1) of the income-tax act, and, therefore, such income was taxable. upon this, mr. karikar requested further time to go .....
Tag this Judgment!Court : Chennai
Reported in : (2002)175CTR(Mad)640; [2002]256ITR64(Mad)
..... the patna high court held that the assessee is not entitled to claim deduction of printing and stationery charges from his gross agricultural income under section 7 of the bihar agricultural income tax act, 1948. but under section 5(e) of the tamil nadu agricultural income tax act :'any expenditure incurred in the previous year (not being in the nature of capital expenditure or personal expenses of the assessee) laid ..... expenses ought to have remanded the issue for ascertaining as to what portion of interest payments should be considered under sections 5(e) and 5(k) of the tamil nadu agricultural income tax act. the appellate authority has found that the 'company has not tried to establish the interest amount under section 5(e) or 5(k)' according to the ingredients stipulated therein, whether .....
Tag this Judgment!Court : Chennai
Reported in : [1976]104ITR381(Mad)
ramaprasada rao, j.1. these two writ petitions arising under the madras agricultural income-tax act, 1955, are concerned with the assessment years 1958-59 and 1959-60. one k. a. mohammed abubucker owned large extent of lands in thanjavur ..... not correct. section 34 of the amending act of 1958 (act 29 of 1958), deals with composition of agricultural income-tax in respect of non-plantation crops and provides that notwithstanding anything contained in the act, any person liable to pay agricultural income-tax under the principal act as amended by this act in respect of any agricultural income derived from any land other than the land ..... used for growing tea, coffee, rubber, cinchona or cardamom......may apply to theprescribed officer for permission to compound such agricultural income-tax payable by him. the process of reckoning the tax is prescribed under the act. no doubt, a person has been defined as an individual or association of individuals, owning or holding property for himself or .....
Tag this Judgment!Court : Chennai
Reported in : [1977]110ITR30(Mad)
..... less than 12.50 standard acres find, therefore, theact itself did not apply to him. though the agricultural income-tax officeras well as the appellate assistant commissioner did not accept this contention of the first respondent, the agricultural income-tax appellate tribunalaccepted this contention and held that the act has no application to thefirst respondent. it also alternatively held that even on the basis that theact applied ..... , the income derived by the first respondent was below thetaxable limit and, therefore, no tax was payable by him. it is the correctness of these .....
Tag this Judgment!Court : Chennai
Reported in : [1998]229ITR259(Mad)
..... the abovesaid two assessment years are erroneous and prejudicial to the interests of the revenue, because, according to the commissioner of agricultural income-tax, the assessing officer has not made an enquiry as contemplated under section 29 of the agricultural income-tax act. the commissioner of agricultural income-tax was also of the view that the lands owned by the members of the coparcenary were not divided by metes and ..... of each of the coparceners is erroneous and prejudicial to the interests of the revenue. according to the commissioner of agricultural income-tax, the assessing officer has not conducted any enquiry as contemplated under section 29 of the agricultural income-tax act. section 29(1) of the tamilnadu agricultural income-tax act, 1955, states as under : 'where at the time of making an assessment under section 17 it is claimed by .....
Tag this Judgment!Court : Chennai
Reported in : [1970]75ITR120(Mad)
..... veeraswami, j.1. these petitions for certiorari are directed against orders of the agricultural income-tax officer, palayamcottai, made under section 35 of the madras agricultural income-tax act, 1955, as amended, and relate, to the assessment years 1959-60, 1992-63 and 1963-64. in o. s. no. 19 of 1950, on the ..... assessed as individuals. on the ground that there was some audit objection to this method of assessment, the agricultural income-tax officer, after notice to the receiver under section 35, proceeded to revise the assessment and charged the total income to tax, treating the receiver as a unit of assessment. the facts are similar to the other two years ..... section 8(1) is specific that the tax shall be levied upon and recoverable from the receiver in like manner and to the same extent as it would be leviable upon and recoverable from the person on whose behalf such agricultural income is received and all the provisions of the act should apply accordingly. nothing can be clearer than .....
Tag this Judgment!Court : Chennai
Reported in : [1981]130ITR908(Mad)
..... for the purpose of deriving both agricultural income assessable under the act and income chargeable under the indian income-tax act, 1922 (central act xi of 1922), the deduction admissible under the act shall be such proportion of the common charge as the agricultural income under section 2(a) of the act bears to the total of such agricultural income and the income chargeable under the indian income-tax act, 1922 (central act xi of 1922), in respect of ..... which such common charge is incurred. where, however, the income chargeable under the indian income-tax act, 1922 (central act xi of 1922) is not ascertainable or has not been determined by the indian income-tax officer, the agricultural income-tax officer .....
Tag this Judgment!Court : Chennai
Reported in : [1966]61ITR613(Mad)
..... as well as the appellate assistant commissioner, inferred that the four persons formed 'an association of individuals' within the meaning of section 2(q) of the agricultural income-tax act and assessed them as such. thiruvambalam chettiar appealed to the appellate tribunal. the appellate tribunal held that this was a case of property held by tenants-in ..... favour of tenants-in-common from being classified as n association of persons granted by section 3(3) of the agricultural income-tax act, which is in part material with section 9(3) of the indian income-tax act. but we wish to point out with due respect that jagadisan j. appears to have overlooked this. on the ..... items of properties corresponding to specific shares, that the appellant has executed a registered will even in 1958 in august 28, 1958, even before the agricultural income-tax act had come into force, stating that there has been a division in status and by metes and bounds and describing the items of properties in terms .....
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