Court : Andhra Pradesh
Reported in : [2002]122TAXMAN246(AP)
..... of the case, the tribunal is correct in law in holding that the reopening of the assessments fell under section 147(a) and not under section 147(b) of the income tax act, 1961 and, therefore, was not barred by the limitation ?2. whether, on the facts and in the circumstances of the case and on a correct application of the tests laid ..... incharge (court of wards) : [1976]10itr133(sc) the tribunal is correct in law in holding that the lands of the assessee acquired by the government under the land acquisition act were non-agricultural in character and were capital assets at the relevant point of time and, therefore, gain arising out of the receipt of the compensation for the compulsory acquisition of those .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]255ITR467(AP)
..... of the case, the tribunal is correct in law in holding that the reopening of the assessments fell under section 147(a) and not under section 147(b) of the income-tax act, 1961, and, therefore, were not barred by the limitation ? 2. whether, on the facts and in the circumstances of the case, and on a correct application of the tests laid ..... -charge (court of wards) : [1976]10itr133(sc) , the tribunal is correct in law in holding that the lands of the assessee acquired by the government under the land acquisition act were non-agricultural in character and were capital assets at the relevant point of time and, therefore, gain arising out of the receipt of the compensation for the compulsory acquisition of those .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]258ITR336(AP)
..... assessment year 1989-90 a taxable income of rs. 26,540 and agricultural income of rs. 5,93,478. the assessment was computed on a total income of rs. 1,45,540. the assessing officer while making the assessment allowed depreciation at 100 per cent. on cages worth rs. 3,16,453. 3. the commissioner of income-tax revised that order on the ground ..... that the assessment made by the assessing officer allowing 100 per cent. depreciation on cages is prejudicial to the interests of the revenue, by virtue of the power conferred under section 263 of the act. the assessee filed an appeal before the tribunal. the ..... s.r. nayak, j. 1. this appeal filed under section 260a of the income-tax act, 1961 (for short, 'the act'), is directed against the order of the income-tax appellate tribunal, hyderabad bench 'b' (for short, 'the tribunal'), dated october 22, 1999, in i. t. a. no. 998/h of 1994. 2. the respondent-assessee is a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD728; 2002(3)ALT57
..... order that an income derived by the assessee should fall within the definition of agricultural income two conditions are necessary to be satisfied and they ..... defined in a statute. a word may mean one thing for one act and some other meaning for another act. a restrictive or liberal meaning can be attributed to a word under different acts. our attention has been drawn to the meaning of 'agriculture' under the agricultural income tax act as propounded by the apex court in cit v. benoy kumar, : [1957]32itr466(sc) . the apex court held:in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]125STC48(AP)
..... trades, callings and employments for which the corresponding legislative entry is 60 of list ii. however, when such tax is imposed on a person, it would virtually amount to a tax on 'income', but income-tax (other than on agricultural income) is an exclusively union subject, vide entry 82, list i. therefore, an express provision is required in ..... the supreme court in mr. kamta prasad agarwal v. executive officer, ballabagarh or the taxable income is computed according to the provisions of the income tax act as held in ram bachan lal v. state of bihar : [1967]3scr1 . the tax may be imposed on trades or callings, e.g., persons carrying on the trade of ..... the andhra pradesh state legislature in enacting the explanation to definition of the word 'person' and also explanation no. 1 to the first schedule of the act acted arbitrarily and irrationally violating article 14 postulates of the constitution, and therefore, they are liable to be struck down as unconstitutional. firstly, it is well .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]250ITR285(AP)
..... the income-tax act (for short 'the act'), as it stood in the act is reproduced :'35c. (1) (a) where any company or a co-operative society is engaged in the manufacture or processing of any article or thing which is madefrom, or uses in such manufacture or processing as raw material, any product of agriculture, animal ..... or body which has been approved for the purposes of section 35c by the prescribed authority. (in terms of rule 6a of the income-tax rules, the secretary, agriculture, government of india has been nominated as the prescribed authority under this section). admittedly, the assessee had contributed towards cane development council and ..... this council was not an approved association or body in terms of section 35c of the act read with rule 6a of the income-tax rules. therefore, no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD147; 2001(2)ALT151; [2001]122STC236(AP)
..... of revenue' bears the same import and must be interpreted in terms similar to the said expression occurring in section 33-b of the income tax act, 1922; section 263 of the 1961 act and section 35(1) of the karnataka agricultural income tax act, 1957.37. it is also the declared law that while exercising this power, the revisional authority must record a finding as to how ..... (kar) ; jagadhri electric supply & industrial co. v. cit ; cit v. minalben s. parikh : [1995]215itr81(guj) and malabar industrial co., ltd. v. commissioner of income tax, (2000) 243 itr 83.32. in shivaputrappa channappa mungoli and another v. agricultural income-tax officer and others, (1986) 160 stc 123 the karnataka high court construed section 35(1) of the karnataka agricultural income tax act, 1957 which is in material terms ippsissima verba .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD91; 2000(3)ALT703
..... meant by the expression 'holds'. in : [1966]60itr216(sc) , the supreme court considered the meaning of the word 'holds' in sections 12 and 13 of assam agricultural income tax act. subba rao, j., speaking for the supreme court held that the expression 'holds' includes two fold idea of the actual possession of a thing and also of being ..... to connote both the ownership as well as possession. it was pointed out that in the context of the definition in a.p. land reforms (ceiling on agricultural holdings and regulation) act, it is not possible to interpret the term 'held' only in the sense of possession. it was observed 'for example, if land is held by ..... a statute and a corporation created by a statue. in that case, the question was to exclude the applicability of the andhra pradesh agricultural relief act from the purview of the banking regulations act- the division bench was called upon to consider the question of the effect of section 3 of the banking companies (acquisition and transfer .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD484; 2000(3)ALT441
..... is not the case of the plaintiff that the defendant is an income tax assessee. the defendant is, therefore, undoubtedly an agriculturist within the meaning of a.p. act iv of 1938. though for claiming the benefit of act 7/77 or 45/87, it should be shown that agriculture is the primary source of livelihood of the debtor and he also ..... /87, the appellate court was of the view that he was not entitled to the benefit of the said acts, since he was working as a village branch post master and agriculture was not the main source of his livelihood. on the said findings, the appellate court reversed the judgment and decree of the trial court and decreed the ..... by him, the said requirements need not be satisfied for claiming the benefit of act iv of 1938. it is sufficient to prove that the defendant has a saleable interest in agricultural land and he does not come within the exceptions provided in the said act. i am, therefore, satisfied that the appellate court committed an illegality in holding .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2000]111TAXMAN702(AP)
..... no. 3 (hyd.) of 1987 for the assessment year 1983-84, the tribunal, hyderabad bench 'b', referred this case under section 256(1) of the income tax act, 1961 income tax act for the decision of this court.2. the factual matrix leading to the present reference may be stated thus:the anakapalli co-operative marketing society ltd., anakapalli, is ..... business of banking or providing credit facilities to its members, or(ii) a cottage industry, or(iii) the marketing of the agricultural produce of its members, or(iv) the purchase of agricultural implements, seeds, livestock or other articles intended for agriculture for the purpose of supplying them to its members, or(v) the processing, without the aid of power, of the ..... agricultural produce of its members, or(vi) the collective disposal of the labour of its members, or(vii) fishing or allied activities, that is to say, the catching, curing, .....
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