Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 19a omitted Court: mumbai Page 7 of about 117 results (0.939 seconds)

The Administrator of the City of Nagpur Vs. Laxman and anr.

Court : Mumbai

Reported in : 1985CriLJ1689

..... its natural unmanufactured condition.in encyclopaedia britanica the subject of diary farming is treated as agriculture.10. the supreme court had an occasion to consider the meaning of the word 'agriculture' occurring in section 2 of the income-tax act, 1922 in the case of commr. of income-tax v. benoy kumar saha roy : [1957]32itr466(sc) . the supreme court ..... has observed in the said decision that although the word 'agriculture' in its root sense means ager, a field and culture ..... adulterated within the meaning of the aforesaid sub-clause. the expression 'primary food' is defined in section 2(xiia) of the act to mean 'any article of food, being a produce of agriculture or horticulture in its natural form.' it is clear from the proviso that if the article of ' food is a primary .....

Commissioner of Income-tax Vs. Jalna Seeds Processing and Refrigeratio ...

Court : Mumbai

Reported in : [2000]246ITR156(Bom)

..... for consideration in this appeal is whether, on the facts, the said processing involves manufacture so as to enable the assessee to claim the relief under section 80hh of the income-tax act, 1961.2. the facts giving rise to this appeal, briefly, are as follows. in the manufacturing process, the raw seeds undergo various stages to make them a marketable lot ..... in this connection, reliance has been rightly placed by learned counsel for the assessee on the judgment of the supreme court in the case of state of rajasthan v. rajasthan agricultural input dealers association : air1996sc2179 . in that matter, food grains per se were found to be used as seeds for being sold, but in that form they retained the dual ..... for human consumption and it could only be used for sowing. in the circumstances, the tribunal was right in granting relief to the assessee under section 80hh of the income-tax act.4. we do not see any reason to interfere with the said finding of fact. appeal stands dismissed accordingly.

Deputy Commissioner of Vs. Samir Diamonds Exports (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the assessing officer to determine whether the books of account are correct and complete according to his satisfaction or not. we may quote from section 145(2) of the income-tax act (as it stood at the relevant time) - 'where the assessing officer is not satisfied about. the correctness or the completeness of the accounts of the assessee, or ..... apply to the facts and circumstances of assessee's case.finally, the case of shri ram arora v. cit [1971] 80 itr 78 (all.) has been mentioned. in this case the assessee had not maintained purchase vouchers for agriculture produce purchased from agriculturists and it was held that this could not by itself be a ground for rejecting ..... assessee's books of account. it is clear that the facts and ratio laid down in the cases cited before the ld. cit(a) cannot lead to the inferences drawn .....

Commissioner of Income-tax Vs. B.N. Exports

Court : Mumbai

Reported in : [2010]323ITR178(Bom)

..... and its partners, there being no contract of service.5. in order to appreciate the submission which has been made a reference to some of the relevant provisions of the income-tax act, 1961, would be in order. section 2(31) defines the expression 'person' to include an individual, a hindu undivided family, a company, a firm, an ..... the issue before the supreme court was whether the sums drawn by the partners as salaries were wholly liable to income-tax or only to the extent of 40 per cent, which fell within the scope of non-agricultural income. the supreme court held that a partnership is only a collective of separate persons and is not a legal person ..... a compendious description of the individuals who carry on the partnership business. but under the income-tax act, a firm is a distinct assessable entity. section 3 of the indian income-tax act, 1922, treats it as such, and the entire process of computation of the income of a firm proceeds on the basis that it is a distinct assessable entity. in .....

Wealth-tax Officer Vs. K.M. Mistry

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1995)52ITD39(Mum.)

..... the assessee strongly relied upon the decision of the gujarat high court in arundhati balkrishna v. cit [1982] 138 itr 245. the question involved in that case was whether the sale of agricultural land resulted in capital gains under section 45 of the income-tax act. the assessee in that case had 4,289 sq. yards of site towards her one- ..... after april 1, 1970. the question is whether the land is a capital asset within the meaning of section 2(14) of the income-tax act, read with section 47(iii) and section 45 of the income-tax act, in that case, justice thakkar (as he then was) of the gujarat high court commenting upon the supreme court decision in the case ..... the assessee remained the legal owner, the beneficial ownership of the house passed on to the purchaser on march 29, 1956, and under section 9 of the indian income-tax act, 1922, the income from the house property was assessable in the hands of the beneficial owner, i.e., the purchaser and not the assessee. the high court held : (1) .....

J.K. Trust Bombay Vs. Commissioner of Income-tax and Excess Profits Ta ...

Court : Mumbai

Reported in : AIR1953Bom232; (1953)55BOMLR135; ILR1953Bom740; [1953]23ITR143(Bom)

..... the case the business carried on by the trustees falls to be considered under section 4(3)(i) or section 4(3)(ia) of the indian income-tax act. the interpretation of section 4(3)(ia) is not free from doubt or difficulty. one interpretation has been put up on it by the lahore high ..... interpreting the same expression in section 4(3)(i). the expression used in this section is 'any income derived from property held under trust', and to put ..... usually made to the definition of the expression 'derived' given by the privy council in commissioner of income-tax, bihar and orissa v. kamakhaya narayan singh it is true that their lordships were there considering the question of agricultural income, but the interpretation placed upon the expression 'derived' by their lordships is not without assistance for .....

Commissioner of Income-tax, Bombay Vs. National Storage Private Ltd.

Court : Mumbai

Reported in : AIR1993Bom151; 1962(64)BLJR740; [1963]48ITR577(Bom); 1963MhLJ143

..... agricultural implements, had constructed residential quarters for its employees and let out the quarters to its employees, as incidental to its main business. the company incurred expenditure for repairs and maintenance of the residential quarters. the question arose as to whether the income received by the company by way of rents from the employees feel under section 9 of the income-tax act as income ..... were held by the assessee as part of its trading assets in the course of its business fell under section 8 or under section 10 of the indian income-tax act. it was held in that case that it fell under section 10. mr. joshi has relied on this case for the purpose of his argument that ..... held in that case that a company owning house property and carrying on only the business of letting out such houses is liable to income-tax under section 9 of the indian income-tax act in the same way as a private individual owning such property. the company in the said case was a registered company of which the .....

Commissioner of Income-tax, Bombay City I Vs. Chugandas and Co. (Secur ...

Court : Mumbai

Reported in : AIR1960Bom109; [1960]38ITR241(Bom)

..... been held to be the proper canon of construction by the calcutta high court in commissioner of agricultural income-tax v. raja jagadish chandra deo, and by the patna high court in kameshwar singh v. commissioner of income-tax and we certainly accept that canon of construction. but i am not satisfied that the interpretation ..... placed beyond any doubt, if reference is made to section 6 and the following sections of the income-tax act. that section divides the various sources of income chargeable under the income-tax act under five heads enumerated in the section. 'income from property' has been described separately and put under a different head from 'profits and gains of ..... a business, profession or vocation was charged under the provisions of the income-tax act, 1918. now, tax is charged under the income-tax law on income and not on the source of income. business, profession or vocation is the source of income and not income itself; but since it is necessary to determine for the purpose of .....

Sesa Goa Limited and Others Vs. Commissioner of Customs, Central Excis ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... 14(1) of the act is clear on the plain language of the provision. in this connection, the learned sdr has relied on the following decisions: (i) grasim industries ltd. vs. collector 2002 (141) elt 593 (sc); (ii) commissioner of income tax vs. tara agencies 2007 (214) elt 491 (sc); (iii) commissioner of agricultural income tax vs. plantation corporation of ..... for the purpose of levy of duty of excise. section 67 of the finance act, 1994 read with explanation-2 thereto also provides for similar exclusion of tax from the gross amount collected by the service provider from the service recipient, in determining the taxable value of the service ..... in the context of determining the assessable value of the export goods under section 14 of the customs act. section 4(4)(d)(ii) of the central excise act specifically provides for exclusion of duties and other taxes from the sale price of the excisable goods, in the determination of the assessable value of such goods .....

The Premier Construction Co., Ltd. Vs. the Commissioner of Income-tax

Court : Mumbai

Reported in : (1949)51BOMLR3

..... itself agricultural income and as such exempt from income tax. as already indicated, this claim was rejected by the income-tax officer, and in appeal by the assistant commissioner of income tax and the appellate tribunal. at the request of the assessee the appellate tribunal referred to the high court the question already mentioned.7. 'agricultural income' is rendered exempt from income tax by section 4(3)(viii) of the indian income-tax act. 'agricultural income' is ..... ' view the principle to be derived from a consideration of the terms of the income-tax act and the authorities referred to is that where an assessee receives income, not itself of a character to fall within the definition of agricultural income contained in the act, such income does not assume the character of agricultural income by reason of the source from which it is derived, or the method by .....