Court : Chennai
Reported in : 2008(133)ECC275; 2008(159)LC275(Madras); 2008(230)ELT225(Mad)
..... commissioner, by his order, dated, 29th march, 2004 observed thus:from the above discussion i observe that the taxing statute, namely, the agricultural produce cess act has not defined the product 'fish'. however, the marine product export development authority act, 1972, which is also the taxing statute defines 'fish' and shrimps/prawns as different product. therefore, it is observed that there seems to be confusion ..... as to whether the fish will include shrimps/prawns. it is not explicitly defined under the agricultural produce cess act, whereas the customs tariff act, harmonised commodity description and coding system, the .....
Tag this Judgment!Court : Chennai
Reported in : (2008)217CTR(Mad)414
..... sardarmal. kothari and shri shanthilal kothari, filed their respective returns of income admitting a total income of rs. 3,02,593 apart from the agricultural income of rs. 25,000 each. the assessees have claimed exemption of capital gain tax under section 54f of the it act. the ao rejected the same on the ground that the construction was ..... not completed when he made a personal visit. against that order, the assessees preferred appeals before the cit(a) who ..... purchased the lands by investing the capital gain and they have also constructed residential houses. in order to establish the same, the assessees submitted before the cit(a) several material evidences, viz., invitation card printed for the house warming ceremony to be held on 12th july, 2003. the assessees have also produced .....
Tag this Judgment!Court : Chennai
Reported in : (2008)5MLJ226
..... of madhya pradesh v. bhopal sugar industries ltd.] 21. the judgments relied on by him arose in the context of income-tax act, motor vehicles act, east punjab public safety act, municipal tax and agricultural income tax made by various state legislations wherein application of those enactments were made to a particular region or to a particular class of ..... .p. v. v. venkata reddy : (1972)iillj486sc protecting the operation of public employment (requirement as to residence act 1957) in respect of telungana region of andhra pradesh has no relevance to the case of the petitioner government. the following passage found in paragraphs 20 ..... contention of the learned government pleader of puducherry must necessarily fail. the reference to the treaty with the republic of france and the subsequent puducherry administration act have no relevance to the case on hand.19. the reference made to the judgment of the supreme court in director of industries & commerce, a .....
Tag this Judgment!Court : Chennai
Reported in : 2008CriLJ2821
..... of 2000). after coming into force of the smugglers and foreign exchange manipulators (forfeiture of property act, 1976 (hereinafter referred to as 'the act'), the competent authority issued a notice apparently under section 18 of the act to the income-tax officer (1st respondent) to make enquiries regarding the agricultural land, house, investments and capital account shown in the balance sheet of the petitioner in w ..... .p. no. 1150/2001. such petitioner furnished details of the accounts right from 1950-51 till 1966-67 by referring to the regular income-tax assessment which had been completed by the income-tax officers.2 .....
Tag this Judgment!Court : Chennai
Reported in : (2008)4MLJ69
..... also owned three acres of land and was also doing agriculture. deceased jayaraman was an income tax assessee and his permanent account number is 47-031-pq-7629. as seen from ex.a-14 series, income tax recitals, jayaraman's taxable income in the year 1991 to 1992 was rs. 29,600/- and he paid income tax of rs. 1,550/-. for the year 1992-1993, ..... and age of deceased and the claimants. in 2006 acj 854 (sc), the apex court was pleased to rely upon the multiplier provided in the second schedule to the act for increasing the multiplier. but in later decisions, the supreme court trend has been to adopt a lower multiplicand.15. in case of jyothi kaul v. state of madhya ..... that the accident was only due to rash and negligent driving of the bus driver, claimants - sons of the deceased have filed petitions under section 166 of the m.v. act, claiming compensation of rs. 17,37,500/- for the death of jayaraman. for the death of kalaivani, claimants have claimed compensation of rs. 21,69,500/-.3. resisting .....
Tag this Judgment!Court : Chennai
Reported in : [2008]302ITR40(Mad)
..... 2007, where the learned judge refused to quash the assessment order dated 29.12.2006 for the assessment year 2004-2005 made under 143(3) of the income-tax act, on the ground that the writ petitioner has got an alternative remedy to prefer a statuary appeal before the appellate tribunal.2. it is general rule that ..... of accounts for the business activities for relevant period.4. according to the appellant/writ petitioner/assessee, in spite of the documentary evidence furnished to substantiate the agricultural income to the tune of rs. 11,32,232.42 for the assessment year 2004-05, the respondent/assessing authority had chosen to overlook the same and refused ..... to admit the said agricultural income for the assessment year 2004-05 merely based on a statement alleged to have been obtained from the village administrative officer behind the appellant/writ petitioner/assessee. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2008Mad148; (2008)2MLJ812
..... be made under the assessment can be madeappropriate tariff x 2 times under appropriate tariff: 1 1/2times--------------------------------------------------------------------------------7. there is no difference between for agriculture and domesticagriculture service, domestic service, assessment can beservice and low tension service made for a period of threemonths only; for low tensionservice, assessment can ..... disposed of the writ petitions holding as follows:under the new section 126(5) and (6) of the electricity act, 2003, in respect of the supply other than domestic or agricultural, the maximum period of levy for the assessment can be only for six months and the rate of such assessment ..... consumers till the new act came into force and changed their stance claiming benefits under the new act, which was even amended in 2007.22. the learned senior counsel appearing for the consumers would also rely on another judgment of the honourable apex court in commissioner of income-tax, u.p.-ii, .....
Tag this Judgment!Court : Chennai
Reported in : [2008]141CompCas82(Mad); (2008)2CompLJ123(Mad); [2008]84SCL32(Mad)
..... and their respective shareholders and the demerger is being effected in accordance with the provisions of sections 391 to 394 of the companies act, 1956, read with and in compliance of the conditions of section 2(19aa) of the income-tax act, 1961.9. the petitioner states that the board of directors of the resulting company and the demerged company has decided, subject to ..... ,12,500 equity shares of rs. 10 each. the demerged company has engaged in the business of manufacture and to act as exporters, distributors and dealers of ferro silicon and all iron, steel and foundry materials including structural beams, tubes and agricultural implements. the applicant-company has 7 (seven) shareholders as on date.the main objects of the demerged company are set .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Reported in : (2008)115TTJ(Chennai)563
..... ) disputing the additions relating to disallowance of depreciation on vehicles; disallowance of loss from m/s metal king; disallowance of agricultural income by treating it as undisclosed income totalling to rs. 5,62,621. the cit(a) vide order dt. 26th march, 1998 set aside the assessment order with following observations: (i) the ao had failed to ..... had to be considered; (viii) no enquiry was made in the course of the assessment proceedings which culminated in an order under section 144 of the act.accordingly, the cit considered the reply of the assessee. finally he set aside the assessment order dt. 20th march, 2000 and directed the ao to make full enquiry and ..... person, (ii) valuation report, (iii) wrong relief already granted and (iv) perusal of income-tax records relating to other assessees-all under the it act-and nowhere it has been held that the records in any proceedings under some other act can be used for section 263 even though they could have been used for purposes of reopening .....
Tag this Judgment!Court : Chennai
Reported in : (2007)5MLJ881
..... to the legislature for classification so long as there is no transgression of the fundamental principles underlying the doctrine of classification. (cf.khandige sham bhatt v. agricultural income tax officer (supra). these principles are that the classification must be based on an intelligible differentia which distinguishes persons or object grouped together from others left out ..... nos. 17424 & 17425 of 2003. it is a registered dealer under the provisions of the tamil nadu general sales tax act, 1959 (for short, 'tngst act') and is an assessee on the file of the commercial tax officer, egmore-ii assessment circle, chennai. according to the petitioner, it is a fully owned subsidiary of m/s ..... court had dealt with the imported sugar. the division bench considered the word 'imported' found in item (viii) of section 14 of the central sales tax act does not result in the declaration with regard to sugar being confined only to sugar which is produced domestically. the court had taken note of the .....
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