Court : Mumbai
Reported in : [1975]100ITR509(Bom)
..... by the assessee as a superior landholder from the lands, which were used by the tenants for agricultural purposes, was agricultural income within the meaning of section 2 (1) (a) and exempt from tax under section 4 (3) (viii) of the indian income-tax act, 1922 ?' 2. the question relates to the assessment year 1957-58 in respect of the previous year ending on july 31, 1956 ..... to the facts and circumstances of the case, the income derived by the assessee as a superior holder from the lands, which were used by the tenants for agricultural purposes, was not agricultural income within the meaning of section 2 (1) (a) and was not exempt from tax under section 4 (3) (viii) of the indian income-tax act, 1922.21. the assessee shall pay the costs of .....
Tag this Judgment!Court : Mumbai
Reported in : [1986]158ITR742(Bom)
..... market committee as defined under section 2(j) of the maharashtra agricultural produce marketing (regulation) act, 1963 (apmc act), is a local authority as contemplated under section 10(20) of the income-tax act (i.t. act).2. section 10 which falls in chapter iii of the income-tax act gives a long list of incomes not included in total income. one such category is to be found in section 10(20 ..... mrce-56 reading as under :'will you please refer to letter regarding income of agricultural produce committee in bombay. we have been advised that these committees are local authorities for the purposes of section 10(20) of the income-tax act. instructions have been issued to the income-tax authorities accordingly to examine the income in such committees and to consider in favour of the assessees, the appeals .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom166; (1946)48BOMLR537
..... stock company and has erected a sugar factory. it owns large areas of land on which sugar-cane is grown. section 2(1) of the indian income-tax act defines agricultural income (omitting immaterial parts) as follows:'agricultural income' means-...,(b) any income derived from ... land by....(ii) the performance by a cultivator ... of any process ordinarily employed by a cultivator ... to render the produce raised by him ..... under section 66(1) of the indian income-tax act made by the appellate income-tax tribunal. the question submitted for the court's opinion is in these terms:whether in the circumstances of this case income derived by the assessee from sale of gur manufactured from sugarcane is agricultural income within the meaning of section 2(1) (b) of the income-tax (amendment) act, 1939, so as to be exempt .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR606; 1999(1)BomCR848; 1999(1)MhLj635
..... from the decision in case of the amalgamated tea estates co. ltd. v. the state of kerala, : [1974]94itr479(sc) wherein, while considering the provisions of kerala agricultural income-tax act, (22 of 1950) which levied tax at a higher rate on foreign companies, on the question as to whether such provisions are violative of article 14 of the constitution of india, the apex court ..... the rule imposing capitation fee is in contravention of article 14 must be rejected.'16. dealing with provisions of kerala agricultural income-tax act, in the case of the amalgamated tea estate (cited supra), the apex court has held:;'the provisions of the act, which levy tax at a higher rate on foreign companies are not violative of art. 14, constitution. there are no grounds to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2001)78ITD1(Mum.)
..... separate category and the collection is treated differently than the tax levied at the specified rates. the income-tax is a broader concept. it includes additional tax, surcharge etc.different connotations may however be used for describing each part of the income-tax. as in the case of income, agricultural income though part of income, is treated differently under the income-tax act, 1961.similarly the mere fact that the surcharge is part ..... of income-tax does not necessarily mean that it can have no separate identity or description. it may be useful to refer to articles 270 and .....
Tag this Judgment!Court : Mumbai
Reported in : [1975]101ITR491(Bom)
..... the supreme court in c. t. senthilnathan chettiar v. state of madras in this case the question of vires of section 9(1) of the madras agricultural income-tax act, 1955, was canvassed and the supreme court took the view that the assessee could not be allowed to question the views of section 9(1) in this ..... appeal since the question could not be raised before the agricultural income-tax authorities and neither the high court nor the supreme court could go into that question in a revision or reference from the decision of those authorities. these ..... inter alia, held that the expression 'would have been allowed' must be equated with the expressing 'allowable under the indian income-tax act'. the ordinance assumes that the indian income-tax act'. the ordinance assumes that the indian income-tax act was in force and that claim was made for depreciation and also assumes that that claim has been allowed. mr. kolah .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom363; (1959)61BOMLR829; ILR1959Bom1267
..... bengal.15. we now turn to the facts in the supreme court case in : [1951]19itr132(sc) . they in brief are:'the income-tax officer, dacca, acting under the bengal agricultural income-tax act, 1944, sent by registered post a notice to the manager of an estate belonging to the tripura state but situated in bengal calling upon the ..... latter to furnish a return of the agricultural income derived from the estate during the previous year. the notices was received by the manager in ..... instituted a suit in june 1946, against the province of bengal & the income-tax officer, in the court of the subordinate judge of dacca for a declaration that the said act in so far as it purported to impose a liability to pay agricultural income-tax on the plaintiff was ultra vires and void, and for a perpetual injunction .....
Tag this Judgment!Court : Mumbai
Reported in : (2009)226CTR(Bom)247; [2009]317ITR27(Bom); [2009]182TAXMAN221(Bom)
..... of an individual assessee should be signed by the assessee himself or could be signed by the agent under the provisions of the bengal agricultural income-tax act, 1944. after considering the scheme of the act and the rules of interpretation, the supreme court was pleased to observe that hardship or inconvenience cannot alter the meaning of the language ..... fresh shares issued by the petitioner, petitioner ceased to be a holding company of great eastern shipping company ltd. and consequently, benefit of section 47 of the income-tax act was not available. the assessment year was 1991-92. the previous year would be 1990-91. admittedly, when the petitioner filed the return, it was a ..... calcutta high court was the validity of intimation under section 143(1)(a) and the constitutionality of sections 143(1)(a) and 143(1a) of the income-tax act. the company in its return for the assessment year 1989-90 discloses business loss on the ground that cash compensatory support was not taxable and that even .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1983)4ITD462(Mum.)
..... result in nullity of the proceedings. apart from the fact that all the three cases hereinabove are distinguishable inasmuch as: (1) notice under section 19(2) of the assam agricultural income-tax act, 1939, was not served in the case of shashi prasad baruah (supra) and this notice was the very foundation of the order, (2) in the case of ..... the year was filed on 7-7-1979 disclosing 'nil' income on the ground that its income was exempt under sections 10(25) and 11 of the income-tax act, 1961 ('the act'). after hearing the assessee on quite a few occasions, the ito held that the income was not exempt from tax as claimed and completed the assessment under section 143(3) of ..... the act on 19-3-1980 determining the total income at rs. 1,49,060.2. it was, .....
Tag this Judgment!Court : Mumbai
Reported in : [1978]115ITR45(Bom)
..... .----------------------------------------------------------------------rs.1. (a) 1,72,009 interest on post office and nationaltreasury savings certificates notincludible in total income under section10(15)(ii) of the income-tax act, 1961.(b) 41,019 agricultural income not includible intotal income under section 10(1) of theincome-tax act, 1961.2. 1,44,751 rebate of income-tax on the interestreceived by the assessee during therelevant inter-valuation period on mysoregovernment securities in view ofnotification ..... national treasury savings certificates of rs. 1,72,009 (ordinarily not includible in total income under section 10(15)(ii) of the income-tax act, 1961), and (b) agricultural income of rs. 41,019 (ordinarily not includible in total income under section 10(1) of the income-tax act,1961) (2) whether in the computation of income from life insurance business under section 44 read with rules in the first schedule .....
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