Court : Karnataka
Reported in : ILR1998KAR2207; [1999]238ITR388(KAR); [1999]238ITR388(Karn)
..... no actual division. section 3 of the karnataka agricultural income-tax act, 1957, is a charging section, providing that the agricultural income is a tax at the rate specified in the schedule to the act for the financial year in accordance with the provisions of the act, on the total agricultural income of the previous year of every person. section ..... remanded the matter to the respondents with a direction to assess the appellant individually. the addl. commissioner of commercial taxes while exercising revisional power under section 35 of the karnataka agricultural income-tax act, has issued notice stating that the order of the appellate authority is not correct and after considering the objections ..... the assessment year 1982-83. the notice under section 20 of the karnataka agricultural income-tax act, 1957, was issued on may 10, .1984, treating the status of the assessee as an association of persons and proposed to levy tax. it is contended by the assessee that his status has to be treated .....
Tag this Judgment!Court : Karnataka
Reported in : (1986)54CTR(Kar)342; ILR1987KAR1088; [1986]161ITR190(KAR); [1986]161ITR190(Karn)
..... . 91) 39. we, therefore, construe explanation 2 to section 5 of the agricultural, income-tax act not to extend to the computation of agricultural income derived from tea plantations and hold that in computing such agricultural income for the purpose of taxation under the agricultural income-tax act, the ..... way to the special provision of the agricultural income-tax act with respect to the deductions from the gross income for the purpose of computing the agricultural income. this cannot be, as we have to take the definition of 'agricultural income' from what it is in the income-tax act. the provisions of the income-tax act and the rules made thereunder will control the provisions of the agricultural income-tax act enacted by a state legislature.....(at p .....
Tag this Judgment!Court : Kolkata
Reported in : 1999(65)ECC367,1999(111)ELT684(Cal)
..... court in the case of r.p. david & ors. v. agricultural income tax officer and anr., reported in : [1972]86itr699(mad) . the madras high court was considering the proviso to section 40 of the madras agricultural income tax act, 1955 which vests the agricultural income tax officer with the discretion to treat the assessee as not being in ..... followed by the mysore high court in the case of bibi plantation v. agricultural income tax officer, reported in 1967 income tax report, volume 65 page 341 where the mysore high court was considering the proviso to section 41 of the mysore agricultural income tax act, 1957 which stated, inter alia, that when an assessee has presented an ..... appeal under section 32 of the act, the agricultural income tax officer may in his discretion treat the assessee as not being in default as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal92,78CWN735
..... interest in land.'13. in deciding the case the learned judge referred to a decision of this court in the case of maharajadhiraj bahadur of darbhanga v. commr. of agricultural income-tax, : [1952]21itr258(cal) as well as to a decision of the supreme court in the case of firm chhotabhai jethabhai patel & co. v. the state of madhya ..... the zamindari estate vested in the state by virtue of a notification issued under section 3, m. p. abolition of proprietary rights (estates, mahals, alienated lands) act, 1950, and thereafter the petitioner was stopped from cutting any wood from the forest. hence she filed an application under article 32 of the constitution praying for setting ..... mr. palit that the plaintiff discovered the same afterwards. this has given the plaintiff a right to claim protection as provided in section 65 of the contract act. it lays down the principle of restitution of the benefit received on the basis of an agreement subsequently discovered to be void or void from the beginning. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)177CTR(Mad)129
..... garden could, under those circumstances, (not) be viewed as the agricultural income,6. the term agricultural income is defined in section 2(1) of the income tax act, 1961, which reads as follows :'agricultural income' means(a) any rent or revenue derived from land which is used for agricultural purposes and is either assessed to land revenue in india or is ..... whether, on the facts and in the circumstances of the case, the tribunal is right in holding that the income from shooting hire charges is not agricultural income within the meaning of section 2(1) of the income tax act, 1961 for the assessment years 1980-81 and 1981-82 ?3. the assessee had shown the loss of ..... benoy kumar sahas roy : [1957]32itr466(sc) . in the said decision, the supreme court was considering the definition of the term agricultural income as it was found in the income tax act, 1922. the question came for consideration on the peculiar factual background inasmuch as the assessee there owned about 6,000 acres of forest land .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1988)26ITD57(Ahd.)
..... a difference of opinion and the following point of difference has been referred to me as a third member under section 24(11) of the wealth-tax act read with section 255(4) of the income-tax act : whether property at plot no. 614-b 'panchvati-gulbai tekra area', ahmedabad qualified for exemption under section 5(1)(iv) as also the ..... the first two common grounds in the appeals of the revenue and restore those of the ito.reference under section 24(11) of the wealth-tax act, 1957 read with section 255(4) of the income-tax act, 1961 1. a difference of opinion has arisen amongst the members, who constituted the bench. the following point of difference is referred to ..... concerned with section 2(e)(ii) of the wealth-tax act, 1957 which reads as under : 2. (e) 'assets' includes property of every description, movable or immovable but does not include,- (ii) any building owned or occupied by a cultivator of, or receiver of rent or revenue out of, agricultural land : provided that the building is on or in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker182
..... of the madras state was, like the rest of that state area, not subject to any general law relating to agricultural income-tax. it was only income from plantations as defined in the madras plantations agricultural income-tax act v of 1955 that was subject to such tax. a system of land revenue including cesses and enhanced by surcharge and additional surcharges was on the other hand prevalent there ..... the petitioners was not allowable. the common complaint accordingly arose as to whether the travancore-cochin agricultural income-tax act, 22 of 1950, as amended by act 8 of 1957 hereinafter called the act, has effectively and validly authorised the levy of agricultural income-tax for the assessment year 1957-58 on the income derived from land situated in malabar and received by the petitioners during the 'previous year.' hence .....
Tag this Judgment!Court : Kerala
Reported in : [1977]107ITR547(Ker)
..... final. we are unable to accept the view of the tribunal that there is any material difference in this respect between the provisions of the income-tax act and those of the wealth-tax act. the tribunal stated:'para. 14......it is not enough if he merely adds to the original figureof assessment the items which, according to him, ..... accepted and the original assessment was completed by including the value of the interest in the agricultural property also in the net wealth of the assessee. the wealth-tax officer subsequently reopened the assessment under section 17 of the wealth-tax act. the ground for reassessment was that the land acquisition compensation awarded by the sub-court in ..... the appellate tribunal is justified in law in holding that at the time of reassessment under section 17(1)(a) of the wealth-tax act the assessee's claim for exemption in respect of agricultural land, which claim he should have made at the time of original assessment but omitted to make, is admissible ?'2. the .....
Tag this Judgment!Court : Kerala
Reported in : [1973]90ITR496(Ker)
..... of the commissioner under section 60(1) of the agricultural income-tax act, 1950 (hereinafter referred to as ' the act '). the question referred is worded thus :' whether, on the facts and in the circumstances of the case, the finding of the tribunal that the income derived by the assessee by slaughter-tapping of rubber trees is not agricultural income is correct '2. the year of assessment is 1965 ..... , [1948] 16 i.t.r. 325 (p.c.) whether the interest payable on arrears of rent in respect of land used for agricultural purposes is agricultural income within the definition of that phrase contained in section 2(1) of the indian income-tax act, 1922. though the decision is not very helpful for deciding the question before us, we consider that a passage from it is ..... , the seal of the high court and the signature of the registrar will be sent to the appellate tribunal as required by sub-section (6) of section 60 of the agricultural income-tax act, 1950.
Tag this Judgment!Court : Supreme Court of India
Reported in : (2007)211CTR(SC)292; [2007]293ITR194(SC); JT2007(10)SC106; 2007(9)SCALE691; (2007)7SCC262
..... was right in holding that there was no obligation on the part of the assessee-company to comply with the statutory requirements of section 194a of the income-tax act, 1961 (for short, 'the act') by deducting tax deductible at source (tds) on interest paid by it for loans availed of by the assessee and repaid by it with interest on the ground that the ..... (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that act);(vii) to such income credited or paid in respect of,-(a) deposits with a primary agricultural credit society or a primary credit society or a co-operative land mortgage bank or a cooperative land development bank;(b) deposits (other than time deposits made on or .....
Tag this Judgment!