Court : Kerala
Reported in : [1994]205ITR149(Ker)
..... the appellate order of the appellate assistant commissioner?(iii) whether, on the facts and in the circumstances of the case, the proceedings of the commissioner under section 34 of the agricultural income-tax act, 1950, cancelling the assessment for 1980-81, passed after expiry of five years form the date of such assessment is unreasonable or irrational and hence unsustainable ?(iv) whether, on the ..... the circumstances of the case, the proceedings of the commissioner cancelling the assessment for 1980-81, are without jurisdiction and barred by limitation in view of the provisions of the agricultural income-tax act, 1991 ?(v) in view of the cash system of accounting followed by the petitioner, was the commissioner right and justified in holding that the amount of rs. 13,44,264 .....
Tag this Judgment!Court : Kerala
Reported in : [1997]226ITR722(Ker)
..... court in coffee board v. deputy commissioner of agrl i.t. : [1964]52itr126(kar) , the assessee contended that its entire income is exempted from tax under the agricultural income-tax act by virtue of the provisions of section 4(1)(b) of the said act. the agricultural income-tax appellate tribunal accepted the said plea and accordingly held that the assessee is eligible for exemption as a trust functioning under ..... .7. before we proceed to consider the question, it is necessary to refer to the provisions of the agricultural income-tax act, 1950, as also the provisions of the rubber act, 1947. section 4(1)(b) of the kerala agricultural income-tax act, 1950, reads as follows ;'4(1)(b). any agricultural income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such .....
Tag this Judgment!Court : Kerala
Reported in : [1987]163ITR240(Ker)
..... under sub-section (1) shall be final subject to any reference that may be made to the high court under section 60.' section 60(2) of the agricultural income-tax act is to the following effect:'60(2). within sixty days of the date on which he is served with a notice of an order under section 34 enhancing assessment ..... produce relevant documents. in this original petition, the petitioner assails exhibits p-1 and p-2 orders. the petitioner also attacks section 34, 2nd proviso, to the agricultural income-tax act as ultra vires and violative of article 14 of the constitution of india. it is stated that there is no obligation for the revisional authority to hear the petitionerbefore ..... opportunity for being heard. the asses-see has no right to resort to, this court under section 60(2) of the agricultural income-tax act in view of section 34, second proviso, and section 60(2) of the act. this is ultra vires and violative of 'fair hearing' and article 14 of the constitution of india.2. on behalf of .....
Tag this Judgment!Court : Kerala
Reported in : [1994]205ITR293(Ker)
..... slaughter-tapping. according to him, two-thirds of the consideration received during the year should be treated as representing income from slaughter-tapping. it was included in theagricultural income for the year and assessed to tax under the agricultural income-tax act. the order of assessment is dated october 27, 1980. it was confirmed in appeal by the deputy commissioner (appeals) by order dated august 13, 1981 ..... . in second appeal, the agricultural income-tax appellate tribunal, by its order dated january 12, 1989, confirmed the inclusion of two-thirds of .....
Tag this Judgment!Court : Kerala
Reported in : [1988]169ITR386(Ker)
..... should fail. in malayalam plantations' case : [1978]115itr624(ker) , this court held that section 5(j) of the agricultural income-tax act and section 10(2)(xv) of the indian income-tax act, 1922, represent conceptions which are kindred though distinct. it was also held that to confine section 5(j) to cover only ..... case, the expenses incurred in filing appeal, revision, reference application, etc. (claimed as legal charges) are allowable deductions in computing the agricultural income under section 5(j) of the kerala agricultural income-tax act. this court held that the matter is covered by the decision in malayalam plantations' case : [1978]115itr624(ker) . so also ..... the legal expenses incurred and classified as professional fee for taxation work is not an admissible expenditure in computing the agricultural income under section 5(j) of the kerala agricultural income-tax act. we are of the view that the appellate tribunal was justified in holding that the legal expenses incurred for taxation .....
Tag this Judgment!Court : Kerala
Reported in : [1960]40ITR681(Ker)
..... development - is a current and not a capital expenditure, and is hence entitled to the deduction claimed under section 5(e) of the madras plantations agricultural income-tax act, 1955.the income-tax manual (10th edition, page 536) deals with the capital and revenue expenditure of tea gardens as follows :'in assessing the profits of tea concerns there will ..... difference between capital expenditure and revenue expenditure has often come up for discussion in connection with section 10(2)(xv) of the indian income-tax act, 1922, in which act also as in the madras plantations agricultural income-tax act, 1955, there is no definition of the expression 'capital expenditure'. as stated by the privy council in mohanlal hargovind v. ..... m. s. menon, j. - section 5(e) of the madras plantations agricultural income-tax act, 1955, provides that the agricultural income of a person shall be computed after making the following deduction, namely,'any expenditure incurred in the previous year (not being in .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT321
..... ) where income tax or agricultural income tax or both is/are assessed on such company or person under the income tax act, 1961 (central act, 43 of 1961), or the agricultural income tax act, 1991, for the year, comprising the half year, one half of the amount at which the profits and gains of such business are computed under section 5 of the agricultural income tax act, 1991 for the purpose of assessing the income tax or agricultural income tax or the ..... . once a company or a person is an assessee under the income tax or the agricultural income tax act, the income is to be calculated on the basis of the profit and loss account under the provisions of the income tax act or section 5 of the agricultural income tax act for the purpose of computation of agricultural income. on such computation if the half yearly income is below rs. 12,000/- the company is not liable .....
Tag this Judgment!Court : Kerala
Reported in : [1974]96ITR121(Ker)
..... there are more than two, all must be impleaded to make the representation of the estate complete'. but section 24 of the agricultural income-tax act, 1950, or the corresponding provision in the income-tax act, 1961, does not say that, in such a case, the assessment must be against all the legal representatives, or that ..... notices have been duly issued. the case arises under the agricultural income-tax act, 1950. the relevant provisions in this act and in the income-tax act, 1956, are similar ; and the same question would arise also under the latter act. so, i issued notice to the income-tax counsel of the central government; and i had the able ..... briefly state the facts of the case. one ittiachan poulose, who was an assessee under the agricultural income-tax act, 1950, within the jurisdiction of the respondent, the agricultural income-tax officer, alwaye, filed a return of his total agricultural income for the assessment year 1970-71. in response to a notice issued under section 18(2) .....
Tag this Judgment!Court : Kerala
Reported in : [1964]52ITR977(Ker)
..... declared 'judicial proceedings' within the meaning of sections 193 and 228 of the penal code. section 18(3) of the agricultural income-tax act (corresponding to section 23(3) of the income-tax act) direct :'...... the agricultural income-tax officer, after considering such evidence as such person (the assessee) may produce (in support of the return) and such other ..... of such judicial proceedings have to be observed before the result is arrived at.'section 38 of the agricultural income-tax act (corresponding to section 37 of the indian income-tax act, 1922), has conferred on income-tax officers the powers of a civil court to enforce the attendance of any person and examine him on oath ..... disposal.'the applications, one in respect of each year, requesting five questions to be referred to the high court under section 60 of the agricultural income-tax act were rejected by the commissioner. the assessee then moved o.p. nos. 1203 and 1204 of 1959 to compel references; and thereupon this court .....
Tag this Judgment!Court : Kerala
Reported in : [1998]229ITR752(Ker)
..... at the instance of the partners of the assessee-firm, pambra coffee plantations, pambra, from the order passed by the commissioner of agricultural income-tax, dated march 17, 1986, invoking powers under section 34 of the agricultural income-tax act, 1950. the relevant assessment year is 1978-79. the accounting period is from july 1, 1976, to june 30, 1977. ..... for recovery only if recovery is not possible from the existing firm ?' the relevant facts are as follows : pambra coffee plantations, pambra, was assessed under the agricultural income-tax act, 1950, for the assessment year 1978-79, relevant to the accounting period from july 1, 1976 to june 30, 1977, by order dated april 25, 1980 ..... deed executed on march 28, 1978. it is the above finding that is under challenge before this court.2. the provisions of section 28 of the agricultural income-tax act, 1950, which require an interpretation read as follows :'(1) where at the time of making an assessment under section 18, it is found that a .....
Tag this Judgment!