Court : Kolkata
Reported in : AIR1924Cal668
..... . this is a reference by the commissioner of income-tax, assam, under section 66(2) of the income-tax act (act xi of 1922). the reference is made on the application of the assessee. the commissioner has held that income derived from pasturage is not assessable to income-tax on the ground that it is 'agricultural income' within sections 2 and 4 of the income-tax act. the crown does not now dispute the ..... . the applicant, however, contends that neither of these sources of income is assessable to income-tax, and he founds his contention upon two grounds : (i) that such income is 'agricultural income' as defined in section 2, and is exempted from assessability under section 4(3)(viii) of the income-tax act of 1922, (ii) that the imposition of income tax upon income derived from the sources in question would be an additional .....
Tag this Judgment!Court : Kolkata
Reported in : [1957]31ITR611(Cal)
..... commencement of the financial, and therefore the assessment, year did not coincide. nor has there been any adaptation of the bengal agricultural income-tax act of the nature of the adaptation of the indian income-tax act made in 1937 by the government of india (adaptation of indian laws) order or even on the present occasion by the ..... case with a diminished content. in the presence case, the old province of bengal ceased to exist altogether and the question of applying the bengal agricultural income-tax act which was amended, not at the beginning but at the middle or towards the end of the assessment year, presents a problem quite different from that ..... to have been overlooked. the 'practice' or 'working arrangement' referred to by the lawyer member is authorized by working in the general agricultural income-tax act. besides that the agreement does not include agricultural income. i do not see, for the reasons i have just stated, how any support could be derived from it for what the learned .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (2006)5SOT497(Coch.)
..... , and on merit also from the compilation filed by the assessee it is seen that the assessee had paid agricultural income-tax under kerala agricultural income tax act and also under the karnataka agricultural income tax act, and hence, in our considered opinion the assessee is not liable to pay any income-tax from the product obtained from rubber plants grown by the assessee-company. hence, on merit also, the reassessment proceedings are ..... for all the assessment years under consideration.we have also gone through the compilation filed by the a.r. in respect of the assessment orders under the karnataka agricultural income tax act as well as the kerala agricultural income tax act. we have also considered circular no. 5 dated 22-5-2003 issued by the cbdt. it is pertinent to note that the said circular is issued by .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2008)299ITR94(JP.)
..... following decisions in this regard: (3) cit v. rai bahadur bissesswarlal motilal mahvasie trust ;commissioner of agricultural income-tax v. rubber board ; andcoffee board v. deputy commissioner of agricultural income-tax .15. the learned departmental representative, on the other hand, justified the action of the learned commissioner of income-tax with this submission that section 22-j of the rajasthan agricultural produce markets act, 1961, does not reflect charitable purposes. the ..... the tribunal in the case of agricultural produce and market committee v.cit , wherein also similar type of agricultural markets act containing the similar provisions were there and the nagpur bench of the tribunal held as under (headnote): the requirements for the purpose of granting registration to a trust or an institution under section 12a/12aa of the income-tax act, 1961 is limited to two things .....
Tag this Judgment!Court : Karnataka
Reported in : [1973]87ITR193(KAR); [1973]87ITR193(Karn)
..... two revision petitions preferred by an assessee under the mysore agricultural income-tax act, 1957, hereinafter called 'the act'. they relate to the assessment years 1964-65 and 1965-66. 2. the assessee grows coffee, areca and mangoes. the method of accounting regularly employed the assessee in cash basis. the assessing authority, while assessing the income for the assessment years prior to 1964-65, had computed ..... required under section 63(3) of the act and therefore from part of the act. rules 9 reads thus : '9. method of accounting : - where no method of accounting has been regularly employed by the assessee or where the method employed is such that in the opinion of the agricultural income-tax officer the agricultural income cannot be properly deduced therefrom, the agricultural income-tax officer shall, after making such enquiry .....
Tag this Judgment!Court : Kerala
Reported in : (2007)212CTR(Ker)231
..... not exceed three hectares.section 3 is the charging section. it seeks to levy charge of agricultural income-tax at the rate or rates specified in the schedule to the act for each assessment year, subject to the provisions of the act on the total agricultural income of the previous year of every person. the charging section provides for the character of the imposition known by its ..... be useful to extract the charging provisions as well as the machinery provisions under the act. section 3 of the act is the charging provision under the act. the said section is as under:3. charge of agricultural income-tax: (1) tax at the rate or rates specified in the schedule to this act shall be charged for each assessment year in accordance with and subject to the .....
Tag this Judgment!Court : Kolkata
Reported in : [1949]17ITR243(Cal)
..... of agricultural income-tax on the maharaja of tripura.question 4 - whether rule 22 of the rules under the assam agricultural income-tax act is ultra vires the government of ..... highness the maharaja of tripura in his capacity as ruler.the answer to question 2 must be that the income from chakla roshanabad is not liable to be assessed for agricultural income-tax under the assam agricultural income-tax act.the answer to question 3 must be that the assam agricultural income-tax act is not ultra vires the provincial legislature as on its true constructions it does not authorise the assessment .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]78ITR435(Cal)
..... of the company. however, the department has again preferred appeals against the same '.27. this question merely raises the effect in substance of an agricultural income-tax paid out of the till of the company but legally refundable by reason of the proceedings at the intermediate stage which again is covered by a ..... , as mentioned before, the assessee had preferred an appeal before the appellate assistant commissioner and the appellate assistant commissioner in his order observed as follows:'agricultural income-tax was a liability incurred in relation to the exempt assets. since the value of those assets has also not been taken into consideration, obviously no ..... tax act: what is the value which shall be estimated to be the price which, in the opinion of the wealth-tax officer, it will fetch if sold in the open market on the valuation date? the crucial date for facts is the date of valuation. the valuation date here is on 30th march, 1959. the actual records of the agricultural income-tax .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1984)9ITD858(Mad.)
..... a company registered under the indian companies act, possessed agricultural farms, had to file its return of income under the u.p. agricultural income-tax act. section 6(2) of the u.p.agricultural income-tax act provided two alternative methods of computation of agricultural income. one is rental method, i.e., multiple of annual rental income, and the other, produce method ..... a fresh or a revised return in accordance with the applicable provisions contained in section 15 of the u.p. agricultural income-tax act, the object being to determine his true agricultural income for the relevant previous year. this decision is, therefore, as we see it, an authority for the proposition that ..... tamil nadu [1978] 112 itr 861, where the madras high court, dealing with the allowance of depreciation on building under the tamil nadu agricultural income-tax act, 1955, held that if particulars were not furnished, the revenue was entitled to disallow the claim for depreciation by categorically pointing out that .....
Tag this Judgment!Court : Chennai
Reported in : [1974]97ITR703(Mad)
..... allowed in respect of tea income under the madras agricultural income-tax act. this is the view we have taken ..... tea and coffee income from the estate is in the ratio of 36 : 23, that the expenditure referable to the tea income having been allowed under the income-tax act, the same allowance has to be given under the madras agricultural income-tax act. as 'agricultural income', as defined in the agricultural income-tax act, takes in the definition of 'agricultural income' under the indian income-tax act, whatever deductions are allowed under the indian income- tax act should also be .....
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