Court : Supreme Court of India
..... 45 (3) the other sources referred to in section 12 of the indian income tax act. the appellate assistant commissioner, however, repelled the contention of the appellant. he held that the business of the appellant consisted of lending money, and selling agricultural and other products to its constituents which could be planned ahead and required no ..... deduction for broken period interest payment as a revenue expenditure under section 28 of the income tax act. in this connection, the department followed the judgment of the karnataka high court in vijaya bank's case. therefore, the point which we are required ..... to the assessee to claim deduction as revenue expenditure for broken period interest payment as no such deduction was permissible under sections 19 and 20 of the income tax act. that, it was not a sum expended by the assessee for realizing interest under section 19 and, therefore, the assessee was not entitled to claim .....
Tag this Judgment!Court : Supreme Court of India
..... as to whether beneath the veneer of equality there is any invidious breach of article 14.26. this court in khandige sham bhat and anr vs. agricultural income-tax officer, kasaragod, and anr, air1963sc591observed as under: 7. though a law ex facie appears to treat all that fall within a class alike, if ..... commission will issue, an inclusive attitude will be taken towards persons with disabilities from all categories furthering the concept of reasonable accommodation recognized in the rpwd act. the approach of the government, instrumentalities of states, regulatory bodies and for that matter even private sector should be, as to how best can one ..... be followed by the states parties for empowerment of persons with disabilities. the convention laid down the following principles for empowerment of persons with disabilities, which the act seeks to implement:- (i) respect for inherent dignity, individual autonomy including the freedom to make one s own choices, and independence of persons; (ii) non .....
Tag this Judgment!Court : Supreme Court of India
..... agreement to sell with the defendant not i show any amount of rs. sixteen lakh to my department. it is correct that agriculture income also not shown in my income tax return. i have never shown my agricultural income in my income tax return. this amount was not withdrawn by me from any bank & this amount was lying be me in my house. it ..... or it was based on misreading of material documentary evidence or it was recorded against any provision of law and lastly, the decision is one which no judge acting judicially could reasonably have reached. (see observation made by learned judge vivian bose, j.as his lordship then was a judge of the nagpur high court in ..... joinder of necessary parties?. opp.10. whether the plaintiff has not come to the court with clean hands?. opd.11. whether the plaintiff is estopped by his own act and conduct from filing the present suit?. opd.12. relief.12. the issue no.2(supra) regarding entitlement of the respondent-plaintiff for specific performance of the disputed .....
Tag this Judgment!Court : Supreme Court of India
..... . ltd. v. state of assam,74 the state government framed a rule empowering the state authorities to reexamine the computation of agricultural income made by the central officers. it was contended that this rule was beyond the power delegated under the assam agricultural income tax act. a three-judge bench of this court observed: 10. [ ]. it is an established principle that the power to make rules ..... under an act is derived from the enabling provision found in such act. therefore, it is 74 (2001) 4 scc20241 part f fundamental that a delegate on .....
Tag this Judgment!Court : Supreme Court of India
..... kodar v. state of kerala, (1974) 4 scc422[10]. 359 shaktikumar m sancheti v. state of maharashtra, (1995) 1 scc351[3]. 360 khandige sham bhat v. agricultural income tax officer, kasargod, 1962 scc online sc15[10]. 166 part i although the liability may be quantified or measured in many ways, there is a clear distinction between the subject matter ..... under entry 49 of list ii is often measured with respect to the income derived from the land or building sought to be taxed. the income derived from land or building is normally measured in terms of the annual value. section 23 of the income tax act provides that the annual value of property shall be deemed to be the ..... ascertain (when it is not known) if there are minerals underground. 244 in tata chemicals ltd. v. state of gujarat,245 the gujarat mineral rights tax act 1985 imposed a tax on the mineral rights of holders of mining leases in respect of minerals specified in the schedule.246 a division bench of the gujarat high court, speaking .....
Tag this Judgment!Court : Supreme Court of India
..... 3.6. this male sterility/restorer system is a highly promising technology which can be used to produce new hybrids with higher yields in future, thereby increasing agricultural output and farmer income. ii. herbicide tolerance (ht):18. 12 it was contended that a crop is referred to as an ht variety if its commercial trait is ht, ..... 115 of 2004 etc. page 11 of 260 rules , for the sake of convenience), which have been framed under sections 6, 8 and 25 of the environment (protection) act, 1986 ( ep act, 1986 , for short) in consonance with articles 14, 19, 21, 38, 47, 48, 48a read with article 51-a(g) of the constitution and if there ..... by select committees, is an aid to the construction of legislation, as such material may disclose the legislative intention lying behind the ambiguous words and expressions, vide pepper (inspector of taxes) vs. hart, 1992 ukhl3(hl) ( pepper ). noting the evolution of indian law, justice g.p. singh, in principles of statutory interpretation (14th edn.), has stated .....
Tag this Judgment!Court : Supreme Court of India
..... (1955) 1 scr158at para 86; krishi utpadan mandi samiti v pilibhit pantnagar beej ltd., (2004) 1 scc391at paras 57-587; govind impex pvt. ltd. v appropriate authority, income tax dept., (2011) 1 scc529at para 118, and; commissioner of customs (import), mumbai v dilip 6 8. the question that needs our determination in such a situation is whether section ..... be wide, in our opinion, for the purpose of considering the same in the context of regulatory and penal statute like the act, the same must be read as carrying on a commercial venture in agricultural produce. the rule of strict construction should be applied in the instant case. the intention of the legislature in directing the trader ..... to obtain licence is absolutely clear and unambiguous insofar as it seeks to regulate the trade for purchase and sale. thus a person who is not buying an agricultural produce for the purpose of selling it whether in the same form or in the transformed form may not be a trader. furthermore, it is well known .....
Tag this Judgment!Court : Supreme Court of India
..... by the high court. learned counsel submits that pending the appeal before the high court, the income tax department had passed an order dated 31.08.2012 wherein the land of the appellant was considered as an urban land and a non-agricultural land. learned counsel stated that the respondent in the said proceedings did not object to the ..... however, he has not brought the original record regarding fixation of blue line by the irrigation department in purported exercise of its power under the maharashtra regional & town planning act, 1966.4. mr. uday b. dube, learned counsel for the respondent corporation undertakes to produce such record.31. pursuant to the said order, a duly sworn affidavit ..... same, direction no.5 in the operative order of the reference court requires to be modified. that direction was under section 28 of the act. in view of the entitlement for the rental income till 04.08.2000, the appellant shall be entitled 55 to interest on the enhanced amount at 9% for a period of one year .....
Tag this Judgment!Court : Supreme Court of India
..... territory of ladakh s. name of the act act/ordinance no.no.1. the jammu and kashmir accountability commission act, 2002. xxxviii of 2002 2. the jammu and kashmir advocates welfare fund act, 1997. xxvi of 1997 3. the jammu and kashmir agricultural income tax act, 1962. xxi of 1962 4. the jammu and kashmir state agricultural produce marketing xxxvi of 1997 regulation act, 1997.5. the jammu and kashmir ..... anand marriage act, 1954. ix of 2011 6. the jammu .....
Tag this Judgment!Court : Supreme Court of India
..... while the plaintiff purchased one plot in his own name. the trial court, however, found that the agricultural land at mouza shendola was the ancestral property of the plaintiff and late laxmanrao but opined that there was no income therefrom. referring to the affidavit given by late laxmanrao in the civil suit filed by the plaintiff s ..... learned judge of the bombay high court, nagpur bench, made a factually incorrect observation by misreading the judgment of the appellate court and compounded that error by acting upon such erroneous observation and reviewing the judgment. the offending observation in the judgment dated 24.11.2018 in second appeal no.38 of 2009 and the order ..... name and style of gajanan automobiles and trimurti auto garage. the three-phase electric meter at the garage stood in the name of the plaintiff as did the tax assessment in relation thereto on the file of the municipal corporation, amravati. after the death of laxmanrao, which was preceded by their mother s death, the .....
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