Court : Chennai
Reported in : [1982]133ITR85(Mad)
..... received consequent to entering into contract with the president of india on may 1, 1963, for the supply of water did not represent agricultural income and was, therefore, not exempt from taxation under the income-tax act, for the assessment years 1965-66, 1966-67, 1967-68, 1968-69, 1969-70 and 1970-71, respectively 2. whether, ..... the assessee from its irrigation well is not agricultural incom 2. whether, on the facts and in the circumstances of the case, the transactions of the applicant are speculative transactions and that in any event the transactions are not within the exception under section 43(5) of the income-tax act. 196 ?' 20. the first question needs ..... 21,6421969-70 24,2461970-71 24,6034. the assessee claimed that the receipts from the defence dept. constituted agricultural income, which was exempt under the act. the ito rejected this claim holding that the income in question arose from the contract with the defence authorities and must be regarded as fees for services rendered .....
Tag this Judgment!Court : Chennai
Reported in : [1994]207ITR846(Mad)
raju, j. 1. the assessee is the petitioner in the above tax revision under the provisions of the tamil nadu agricultural income-tax act, 1955. the tribunal partly allowed the claims made before it by the assessee and not satisfied with the extent of relief granted by the tribunal, the ..... present revision has been filed. 2. in the revision before us, the petitioner has challenged the disallowance of the deduction claimed on the following categories of income and expenditure ..... sufficient material for justifying total claim for deduction by producing the log book and other records to ascertain the nature of use of the vehicle as such for agricultural purposes or for purposes connected with the lands of the estate, we see no infirmity in the reasoning of the authorities below or the tribunal. even before .....
Tag this Judgment!Court : Chennai
Reported in : [2000]241ITR224(Mad)
..... the ao relatable to the asst. yr. 1985-86. 5. the assessee filed appeals in a.t. nos. 36/88 and 64/88 before the tamil nadu agricultural income tax appellate tribunal, madras 104 (for short 'the tribunal'), relating to the two asst. yrs. 1984-85 and 1985-86 and the tribunal also confirmed the orders passed ..... the original assessment relatable to the said years had been finally disposed of. (a) sec. 35 of the act dealing with income escaping assessment runs as under : '35. income escaping assessment. - if for any reason agricultural income chargeable to tax under this act has escaped assessment in any financial year or has been assessed at too low a rate (or has been underassessed ..... ) the agrl. ito may, at any time, within five years of the end of that year serve on the person liable to pay the tax or, in the case .....
Tag this Judgment!Court : Karnataka
..... , dismissing the appeal.) 1. the state government as well as the assessees have filed these revision petitions under section 55(1) of the karnataka agriculture income-tax act, 1957 (for short 'the act) challenging the order passed by the karnataka appellate tribunal. 2. though these revision petitions are coming on for admission, with the consent of the ..... sta no.2424/2010 on the file of karnataka appellate tribunal, bangalore, partly allowing the appeal.) (prayer: crp filed u/s 55(1) of the karnataka agricultural income tax act, 1957 against the order dated: 16.9.2011 in sta no.255/2010 on the file of the karnataka appellate tribunal, bangalore, partly allowing the appeal.) ( ..... .371/2005 on the file of karnataka appellate tribunal, bangalore, allowing the appeal filed u/s 32(5)(a) of karnataka agricultural income tax act, 1957.) (prayer: crp filed u/sec 55(1) of kait act, 1957, against the judgment and order dated 07.03.2011 passed in sta.254/2007 on the file of karnataka appellate tribunal .....
Tag this Judgment!Court : Karnataka
..... , dismissing the appeal.) 1. the state government as well as the assessees have filed these revision petitions under section 55(1) of the karnataka agriculture income-tax act, 1957 (for short 'the act) challenging the order passed by the karnataka appellate tribunal. 2. though these revision petitions are coming on for admission, with the consent of the ..... sta no.2424/2010 on the file of karnataka appellate tribunal, bangalore, partly allowing the appeal.) (prayer: crp filed u/s 55(1) of the karnataka agricultural income tax act, 1957 against the order dated: 16.9.2011 in sta no.255/2010 on the file of the karnataka appellate tribunal, bangalore, partly allowing the appeal.) ( ..... .371/2005 on the file of karnataka appellate tribunal, bangalore, allowing the appeal filed u/s 32(5)(a) of karnataka agricultural income tax act, 1957.) (prayer: crp filed u/sec 55(1) of kait act, 1957, against the judgment and order dated 07.03.2011 passed in sta.254/2007 on the file of karnataka appellate tribunal .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR189
..... within the meaning of section 2(1) of the income-tax act?'for the assessment year 1938-1939 the appellant was assessed for income-tax purposes on an amount which included the sum of rs. 49,500 under the head of salaries, ..... income-tax act, 1922, with a statement of the case and the opinion of the respondent rejecting the appellant's claim to exemption. the question of law referred to the court was :whether in the facts and circumstances of the case the sum of rs. 49,500 received by the assessee as his remuneration as mutawalli was ' agricultural income' ..... the business, and that it thereby lost the benefit of the exemption. the board held that the result of the exemption is to exclude ' agricultural income' altogether from the scope of the act, howsoever or by whomsoever received, and that the nature of the assessee's business cannot affect the exemption.5. in the opinion of their .....
Tag this Judgment!Court : Mumbai
Reported in : (1939)41BOMLR157
..... coffee estates in mysore is exempt from taxation under the second proviso to section 4(2) of the indian income-tax act as being income that has accrued or arisen outside british india?6. the high court was of opinion that the income in question was ' income from agriculture', and that it arose or accrued in mysore. 'whatever may be said as to 'profits' or 'gains', the ..... the provisions of a sub-section is intended as complete exemption from the tax. the distinction is between exempting a class of income in some events and exempting it in all events. the case of income-tax commissioner, bihar and orissa v. maharajadhiraj of darbhanga was a case of 'agricultural income' to which the act does not apply [section 4(3)(viii)]. 'the exemption is conferred, and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)149CTR(SC)279
..... court holding that msp family jain trust (hereinafter referred to as the trust), of which the respondent is the president, is exempt from payment of tax on its agricultural income under section 4 of the kerala agricultural income tax act, 1950 (hereinafter referred to as the act) as amended by kerala act 9 of 1974. high court in its impugned judgment reversed the findings of the authorities under the ..... act that trust was a private family trust and the dominant object of the trust was to propagate a particular religion and to render service to the followers of .....
Tag this Judgment!Court : Kerala
Reported in : [1974]97ITR232(Ker)
..... the section are only that an assessee should have received dividend income and that that dividend income came from a company which was assessed to agricultural income-tax under the agricultural income-tax act applicable to the case, if these two conditions are satisfied, section 49b of the act is attracted and if further tax was payable by the assessee on income received by the assessee by way of dividend from such ..... a company, he is entitled to relief under section 49b of the act. in this case there can .....
Tag this Judgment!Court : Kerala
Reported in : [1993]204ITR735(Ker)
..... nos. 228 and 229 (coch) of 1984 dated april 30, 1987, that the rubber replantation subsidy received by the assessee is agricultural income and so not includible as income under the income-tax act.5. it is thereafter at the instance of the revenue that the questions of law formulated hereinabove have been referred for the decision of ..... kerala and tamil nadu. a substantial part of its income is agricultural income. in the income-tax proceedings, the assessee claimed that a sum of rs. 10,25,086 received by it by way of rubber replantation subsidy cannot be included in its total income under the income-tax act. the income-tax officer rejected the said claim. the subsidy amount was ..... that the amount received by way of rubber replantation subsidy is not includible as income under the income-tax act. on the earlier occasion, it was held to be not includible in the total income. the point as to whether it is agricultural income or not was not decided. since it is open to the assessee to defend .....
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