Court : Chennai
..... , the amount of annual compensation shall be worked out on the basis of the average annual net income from the cultivation of similar land for the previous three years. 3 in the case of non-agricultural land, the amount of annual compensation shall be worked out on the basis of average annual letting value of similar ..... department for compensatory afforestation in lieu of retaining 96.71 hectares of forest land for mining. this exchange was in compliance with the mandates of the forest conservation act, 1980. the forest department also demanded rs.20 lakhs as compensation for afforestation, which was incontrovertibly paid by the petitioner. 2.3 while the petitioner was ..... licence qua major minerals is liable to pay local cess and surcharge under sections 115 and 116 of the madras panchayats act, 1958. in that context, the supreme court held that a cess on royalty, being a tax on royalty, is beyond the competence of the state legislature and therefore, struck down the demand. 19. the above .....
Tag this Judgment!Court : Chennai
..... maintenance is carried out by the first defendant and after his demise by the second defendant. tax is paid by him and enjoyed absolutely by the defendants. it is also proved through evidence that from and out of the income arrived from the agricultural land, the first defendant and after his demise, the second defendant is carrying out the ..... appearance and opposed the very admission of the appeal. 5. the learned counsel appearing for the appellants submitted that when there is no evidence to show that they acted upon as per the terms of the settlement deed, the courts below ought not to have relied on the terms of settlement deed ex.a4, but should have ..... defendants 2 to 7, after the demise of the first defendant, contested the suit exclusively establishing that the settlement deed of srinivasa padaiyachi marked as ex.a4 is acted upon and properly carried out by chellamuthaian and his sons, as per wish of srinivasa padaiyachi and the terms found in the settlement deed. the house property is .....
Tag this Judgment!Court : Chennai
..... agriculture he was getting an approximate profit of rs.5,00,000/- and through electric power loom business, as his share, per year he was getting a profit of rs.10,00,000/- and that he is not paying any licence amount towards the running electric power loom business or for his income he is not paying the income tax ..... /accused had raised some probable defences in the present case. in fact the appellant/complainant had not established his case under section 138 of the negotiable instruments act, 1881 against the respondent/accused. looking at from any angle, the criminal appeals fails. 33. in fine, the judgment of acquittal dated 26.06.2013 ..... and finally opined that the appellant/complainant had failed to discharge his initial burden, and further he cannot seek any remedy under section 138 of negotiable instruments act and consequently held that the appellant/complainant had not proved the guilt of the respondent/accused beyond all reasonable doubt and acquitted him under section 255(1 .....
Tag this Judgment!Court : Chennai
..... on a document-only basis , expert evidence was led by both sides, with regard to the obligation, if any, of adam coal to deduct withholding tax under the provisions of the indian income tax act, 1961 (in short the income tax act ). in this context, the testimony of experts was also placed before the learned arbitrator, with regard to the relevant provisions of the dtaa. 15.5 ..... , learned counsel referred to the following judgments: i. commissioner of income tax v. adidas india marketing private limited, (2007) 288 itr 379. ii. chase manhattan bank n.a. v. israel-british bank (london) ltd., (1981) ch. 105. iii.s.kotrabasappa v. indian bank, air 1987 kar. 236. iv. union autombile aerospace and agricultural workers of america et al v. hydro automotive structures north .....
Tag this Judgment!Court : Chennai
..... account. disputed facts are that the contention of the petitioner is that the amount lying in the saving bank account vide no.895393603 are derived from agricultural income and the same has been shown in the income tax return. per contra, the contention of the first respondent is that there are suspicious credits and debits taken place in the account, which needs investigation ..... , the cbi also registered another case against the petitioner in cr.no.rc mai 2015 a 0028 u/s.13(2) r/w.3(1) (d) of pc act, against the petitioner for having disproportionate assets and the list of properties includes this amount and therefore, the account bearing no.895393603 has also been frozen in another case in ..... bank account. after registration of a fresh disproportionate assets case in cr.no.rc mai 2015 a 0028 u/s.13(2) r/w.3(1) (d) of pc act, against the petitioner on 18.09.2015, the petitioner had filed a petition before the learned principal sessions judge for cbi cases, chennai, for transfer of part of the .....
Tag this Judgment!Court : Chennai
..... power is the attorney-general s prerogative to decide whether to institute legal proceedings on behalf of the public interest. (also see padfield v. minister of agriculture, fisheries and food) 15. the court will be slow to interfere in such matters relating to administrative functions unless decision is tainted by any vulnerability enumerated above ..... have taken into account, then the decision cannot stand. no matter that the statutory body may have acted in good faith; nevertheless the decision will be set aside. that is established by padfield v. minister of agriculture, fisheries and food which is a landmark in modern administrative law. 23. this court has long ago ..... or administrative) is exercised on the basis of facts which do not exist and which are patently erroneous, such exercise of power will stand vitiated. (see cit v. mahindra and mahindra ltd.) the effect of several decisions on the question of jurisdiction has been summed up by grahame aldous and john alder in their .....
Tag this Judgment!Court : Chennai Madurai
..... . the respondents have not produced any evidence to show that the deceased was doing agricultural work or he was owning agricultural land. they have only produced income tax returns showing agricultural income. even if the deceased was owning agricultural land, the respondents can continue the agricultural activities and continue to get the agricultural income. further, the respondents have produced ex.p.4 registration certificate for running cable television networks ..... '' and was earning a sum of rs.50,000/- per month from the cable t.v. business and also another sum of rs.50,000/- per month deriving from agriculture. the deceased was an income tax assessee. due to sudden death of the said murugesan, the respondents are not able to run the cable t.v. business and continue the ..... (prayer: appeal filed under section 173 of the motor vehicles act, 1988, against the judgment and decree dated 21.11.2011 passed in m.c.o.p.no. 389 of 2011 on the file of the motor accidents claims tribunal, fast .....
Tag this Judgment!Court : Chennai
..... doubt as to why such a huge sum of rs.7 lakhs purported to have been lend to the respondent/accused, had not find place in the income tax accounts of the petitioner/appellant/complainant. suffice it for this court to point out that the petitioner/appellant/complainant in the present case had not established that ..... paid the said sum in his house and the said sum of rs.7 lakhs, was obtained four years before through agriculture and he had no documents to show that he had sold the agriculture producers. 17. insofar as the present case is concerned, it cannot be forgotten that the petitioner/appellant/complainant had not ..... available on record had come to a resultant conclusion that the petitioner/appellant/complainant not proved his case beyond reasonable doubts under section 138 of the negotiable instruments act and resultantly, acquitted the respondent/accused and the said judgment of acquittal in the considered opinion of this court is not a perverse, capricious and attributed one .....
Tag this Judgment!Court : Chennai
..... u/s.2(14) of the income tax act, 1961 and the long term capital gains on sale of land is brought to tax u/s.45 and also agricultural income is treated as income from other sources. the departmental representative further submitted that commissioner of income tax (appeals) failed to appreciate that no agricultural operations were carried out in the sold ..... on the facts and circumstances of the case, the appellate tribunal was correct in law in holding that the impugned land is an agricultural land within the meaning of section 2(14)(iii) of income tax act, 1961 at the time of transfer and hence the profit on sale of impugned land is exempt from capital gains ..... once the tribunal had accepted that the classification of lands as per the revenue records were agricultural lands, which are evidenced by the adangal and the letter of the tahsildar and satisfied other conditions of section 2(14) of the income tax act, the court is of the view that the tribunal had misdirected itself as stated above. .....
Tag this Judgment!Court : Chennai
..... 1. whether on the facts and circumstances of the case, the appellate tribunal was correct in holding that the sale land is agricultural land and eligible to claim of exemption under section 2 (14) of the income tax act? 2. whether on the facts and circumstances of the case, the appellate tribunal is correct in ignoring the evidences gathered by ..... during the two years' period immediately preceding the date of transfer, as laid down in section 10 (37) (ii) of the income tax act. (iv) no agricultural income was returned by the assessee for the earlier assessment years. (v) the tribunal had failed to appreciate that the assessee had sold the lands to the ..... , it is necessary to have a cursory look at few provisions, referred to, by the appellant. section 2(14)(iii) of the income tax act, reads as follows: (iii) agricultural land in india, not being land situate- (a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation .....
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