Court : Karnataka
Reported in : [1999]239ITR902(KAR); [1999]239ITR902(Karn)
..... a different assessable unit, namely, the partner is not entitled to set off the loss from the income of the firm. there is no provision under the income-tax law as in the case of j. h. gotla , like that of section 24(2) in the agricultural income-tax act and in the absence of such a provision assistance of any other section could not be taken ..... that by virtue of the amendment by the karnataka taxation laws (amendment) act, 1994, karnataka act no. 18 of 1994, the karnataka agricultural income-tax act, 1957, has been amended and registered partnership firms have been made as assessable units, but the partners who had unabsorbed loss prior to the commencement of the amendment act have not been given the set off. it is submitted that either .....
Tag this Judgment!Court : Karnataka
Reported in : [1962]46ITR568(KAR); [1962]46ITR568(Karn)
..... not and at page 392 of the report their lordships observed : 'so far as the orissa agricultural income-tax act is concerned, tax is to be levied for each financial year on the total agricultural income of the previous year, and the expression 'total agricultural income' means the aggregate of the amounts of agricultural income derived from land situated in the province of orissa, and received whether within or without the ..... period is the only income taxable under the agricultural income-tax act also. it could not, in my opinion, be said that an income derived by a person during only a few months of a previous year is his total agricultural income for the entire previous year. the income-tax officer, before he could assess the income of a person under the agricultural income-tax act, must find and compute the total agricultural income of that person .....
Tag this Judgment!Court : Karnataka
Reported in : (2003)179CTR(Kar)167; [2002]257ITR532(KAR); [2002]257ITR532(Karn)
..... the provisions of section 26(4) and the explanation thereto of the karnataka agricultural income-tax act, 1957, as amended by act 18 of 1997 (hereinafter referred to as the act), read as follows :'26. (4) where any business through which agricultural income is received by a company, firm or association of persons is discontinued or any ..... of karnataka in 2397 of 1988 and other connected matters, it has become necessary to amend the karnataka agricultural income-tax act, 1957, retrospectively with effect from april 1,1975, to facilitate assessment of income received after dissolution of a firm even though at the time of such assessment the firm stood dissolved.' ..... 18 of 1997 with retrospective effect from april 1, 1975.4. when sections 26 and 27 of the karnataka agricultural income-tax act, 1957 (hereinafter referred to as 'the act'), were originally incorporated in the act these two sections provided only for assessment or reassessment of pre-dissolution or pre-discontinuance of a firm. in .....
Tag this Judgment!Court : Karnataka
Reported in : [1991]188ITR793(KAR); [1991]188ITR793(Karn); 1990(3)KarLJ546
..... there is some difference in the language of section 4 of the income-tax act and section 3 of the agricultural income-tax act. section 4 of the income-tax act speaks of the central act making changes in the rate of taxes payable under the income-tax act and it is a matter for judicial notice that, at the time ..... by the provisions of the income-tax act and that portion of the income declared under that act which did not constitute agricultural income and inasmuch as until and unless the computation of the income under the income-tax act was complete, agricultural income could not be ascertained and the assessing authority under the agricultural income-tax act may not postpone the assessment ..... the passage extracted above with which we agree. the same thing may be said of section 3 of the agricultural income-tax act, in that the rates prescribed in the schedule to the agricultural income-tax act may be altered by the state government during the budget proposals. then, in such an event, two .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]52ITR478(KAR); [1964]52ITR478(Karn)
..... expenses incurred for the upkeep and maintenance of such rubber plants are a permissible deduction within the meaning of section 5(j) of the travancore cochin agricultural income-tax act, 1950' in the affirmative. it laid down that the amount expended on the superintendence, weeding, etc., of the whole estate should have been ..... section 5 of the travancore cochin agricultural income-tax act, 1958, is more or less similar to section 5(k) of the 'act'. dealing with that provision, the supreme court in travancore rubber and tea company ltd. v. commissioner of agricultural income-tax answered the question 'whether in calculating the assessable agricultural income of a rubber estate already planted ..... counsel for the petitioner, at the hearing of this writ petition. they ar : (i) rule 33 of the mysore agricultural income-tax act, 1957 (to be referred to hereinafter as the 'act'), is ultra vires the powers of the rule making authority; and (ii) the assessing authorities could not have levied any .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1963KAR1184; [1966]61ITR50(KAR); [1966]61ITR50(Karn); (1965)2MysLJ68
..... was passed, but it was turned down as there was no such provision under the coorg agricultural income-tax act, 1951, analogous to section 3(3) of the mysore agricultural income-tax act, 1957, or section 9(3) of the indian income-tax act, 1922. 3. the petitions filed a revision petition before the commissioner of agricultural income-tax and the same was dismissed for reasons discussed in my order dated december 29, 1961 ..... me. 5. the second question of law which the petitioner has raised is : whether income from timber removed from the petitioners' estate is liable to agricultural income-tax 6. the definition of agricultural income as set out in coorg agricultural income-tax act, 1951, includes 'any income derived from the land which is used for agricultural purposes. the income from the sale of timber in question was derived from the estate which is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1978KAR1229; [1979]116ITR84(KAR); [1979]116ITR84(Karn); 1978(2)KarLJ105
..... the provisions of this act shall apply accordingly. 10(2)(a). save as provided in sub-section (1), if a person holds lands from which agricultural income is derived partly for his own benefit and partly for the benefit of others or wholly for the benefit of others, agricultural income-tax shall be assessed on the total agricultural income derived from such ..... land at the rate which would be applicable if such person had held the land exclusively for his own benefit.' 4. it is clear from the language of s. 10(2)(a) of act that the question of application of ..... of s. 10(2)(a) of the act. 5. the language of s. 10(1)(a) of the act makes it clear that in the case of agricultural income taxable under the act which the trustee appointed by written agreement, is entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from the trustee .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant190
..... 10 (1) (a) read with section 3 (3) of the karnataka agricultural income-tax act, 1957 ignoring section 10 (2) (a) of that act.'section 3 (3) of the karnataka agricultural income-tax act, 1957 (hereinafter referred to as 'the act'), will have no application to a case where a person holds agricultural lands as a trustee and receives the agricultural income partly for his own benefit and partly for the benefit of ..... others. as their lordships came to the conclusion that the document created a trust and as section 13 of the assam agricultural income-tax act did not deal with the trustees, that section was held not applicable. as section 13 of the assam agricultural income-tax act did not apply to the facts of that case, their lordships proceeded to hold that sec. 12 (1) of the assam .....
Tag this Judgment!Court : Karnataka
Reported in : [1985]155ITR39(KAR); [1985]155ITR39(Karn); 1985(2)KarLJ53
..... the question herein. in vishnudatta antharjanam v. commr. of agrl. income-tax : [1969]71itr733(ker) , the kerala high court, while examining the scope of s. 5(j) of the kerala agricultural income-tax act, 1950 (shortly the 'kerala act'), which is somewhat similar to the provision of s. 5(k) of the act, has held that the expenses incurred during the years previous to the ..... accounting year could be allowed in computing the agricultural income. in support of this conclusion, the kerala high court relied ..... jagannatha shetty, j.1. this revision under s. 55 of the karnataka agricultural income-tax act, 1957 (called shortly 'the act'), is directed against the order of the tribunal dated july 31, 1978, passed in a.i.t.a.p. no. 24 of 1976. the petitioner is a .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]53ITR757(KAR); [1964]53ITR757(Karn)
..... these petitions except in w.p. no. 913 of 1959 prayed for writs of mandamus or mandatory directions to the concerned agricultural income-tax officer, to forbears from levying or collecting taxes under the mysore agricultural income-tax act, 1957. on their cash receipts ('dividends') relating to their coffee crop of 1955-56 or earlier seasons and delivered to ..... by the petitioners during the 'previous year'. it was contended that the combined effect of section 3 and 4 of the travancore-cochin agricultural income-tax act, 1950, was that the income assessed for the particular year should not only have reference to the 'previous year' but also must have been derived from land situated ..... the coffee board before october 13, 1957, the date on which the mysore agricultural income-tax act, 1957, came into force. in w.p. no. 913 of 1959 the petitioner had already been assessed holding that the 'dividends' received by him .....
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