Court : Supreme Court of India
..... made section 34 retrospective. this omission has vitiated the high court's reasoning.121. the questions as framed refer to the provisions of section 34(3) of the income tax act. they also mentioned two sets of dates, namely, the dates of the returns (7-3-1951 and 14-1-1952) and the date of the assessment (17 ..... the areas i.e. population of the area, the density of the population, the revenue generated in the area for local administration, percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit. it, therefore, appears from the scheme of article 243q(2) that the governor is ..... may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non- agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this part. 4 article 243q contemplates the .....
Tag this Judgment!Court : Supreme Court of India
..... . 57,40,360/- for the assessment year (ay) 1997-98 while claiming deduction of rs. 58,87,045/- under section 80-o of the income tax act, 1961 (in short the it act ) on a gross foreign exchange receipt of rs. 1,17,74,090/- received from sumitomo corporation, japan. sumitomo corporation was interested in supplying dies for ..... india but shall not include services rendered in india. 12) provisions similar to section 80-o of the act were originally in the former section 85-c of the income tax act, 1961 which was substituted by finance (no.2) act, 1971. section 80-o was inserted in place of section 85c which was deleted by the finance ( ..... been stated that technical assistance may involve sending experts into the field to teach skills and to help solve problems in their areas of specialisation, such as irrigation, agriculture, fisheries, education, public health, or forestry. in new webster s dictionary of the english language the word technical means what is characteristic of a particular art, .....
Tag this Judgment!Court : Supreme Court of India
..... acres of agricultural land in badanahatti village and 3.50 acres of land in sy. no.36a in yarrangaligi village. further she also declared that her family income is not more than rs.3,50,000/- per annum from all other sources and that she and her husband are not assessed to income tax and commercial tax. the ..... , furnishing the pan card details, subsequently giving statements before the revenue inspector that she is not a pan card holder and not an income tax assessee prima facie proves the fraudulent act of the appellant. in addition to that filing a false affidavit in order to usurp a public office is highly deplorable. in such ..... related thereto which may be matter in issue for scrutiny concerning the validity of the caste certificate issued by the jurisdictional statutory authority constituted under the state act of 1990 and the rules framed thereunder. that inquiry may require examination of all factual aspects threadbare including the legality of the stand taken by the appellant .....
Tag this Judgment!Court : Supreme Court of India
..... of revenues.46. taxes on agricultural income.47. duties in respect of succession to agricultural land.48. estate duty in respect of agricultural land. entries 82, 86, 87 and 88, list i and entries 6 and 7, list iii also specifically exclude agriculture as follows:63. /p> 82. taxes on income other than agricultural income.86. taxes on the capital ..... (1989) 3 scc634 in paragraph 74, the learned judge, while upholding the hotel receipts tax act, 1980 held that, in pith and substance, it was referable to entry 82, list i, being, in substance, a tax on income. in particular, shri bhushan relied upon the statement of the law that since parliament had ..... (emphasis supplied) similarly, in pathumma (supra), this court was concerned with a challenge to the constitutional validity of section 20 of the kerala debt agriculturists relief act, 1970, which entitled debtors to recover properties sold to purchasers in execution of decrees. this court, after referring to fatehchand (supra) in some detail, held .....
Tag this Judgment!Court : Supreme Court of India
..... of the constitution ought not to be entertained if alternate statutory remedies are available, except in cases falling within the well defined exceptions as observed in commissioner of income tax and others vs. chhabil dass agarwal, 2014 (1) scc603 as follows: 15. thus, while it can be said that this court has recognised some ..... but to prefer the writ application as the respondent genuinely desired to discharge the loans. the collateral security offered included agricultural lands also, which had to be excluded under section 31 of the sarfaesi act. there had been violation of the principles of natural justice. a large number of similar writ applications are pending ..... to expedite the recovery proceedings, does 6 not envisage grievance redressal procedure at this stage, by virtue of the explanation added to section 17 of the act, by amendment act 30 of 2004, as follows :- explanation. for the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by .....
Tag this Judgment!Court : Supreme Court of India
..... year is a separate unit.17. in citizen cooperative society limited versus assistant commissioner of income tax, circle-9(1), hyderabad2 this court considered the incentive under section 80-p meant for a primary agricultural credit society or a primary cooperative agricultural and rural development bank. the assessee was held not to be entitled to the said incentive ..... for the assessment year 2005-2006 at rs.1,79,82,653/-. however, the commissioner of income tax, interfered with the assessment under section 263 to the extent it allowed deduction under section 80 ib(3) of the income tax act, 1961 (the act) and directed fresh decision on the said issue vide order dated 16th january, 2009. thereafter, ..... exemption meant for a new industrial undertaking which had not been formed by transfer of earlier business in terms of section 15c of the income tax act, 1922. after recording a finding of fact that the assessee was a genuine new industrial undertaking, it was observed that a provision of a .....
Tag this Judgment!Court : Supreme Court of India
..... the activities of e-funds india are independent business activities on which, as has been noticed by the high court, independent profits are made and income assessed to tax under the income tax act. according to the learned counsel, agency pe was never argued before the assessing officer and even before the itat. therefore, no factual foundation for ..... place of extraction of natural resources; (g) a warehouse, in relation to a person providing storage facilities for others; (h) a farm, plantation or other place where agriculture, forestry, plantation or related activities are carried on; (i) a store or premises used as a sales outlet; (j) an the exploration or exploitation of natural ..... 44g and 44h, competent authority of india shall mean an officer authorised by the central government for the purposes of discharging the functions as such. 10. the income tax act, in particular section 90 thereof, does not speak of the concept of a pe. this is a creation only of the dtaa. by virtue of article .....
Tag this Judgment!Court : Supreme Court of India
..... limited vs. state of madhya pradesh and others, (2013) 4 scc656at para 29]. also, in a recent constitution bench judgment delivered by this court in commissioner of income tax (central)-i, new delhi vs. vatika township private limited, (2015) 1 scc1 after referring to an earlier judgment of this court, this court stated that the components ..... bundles, hanks or bunches or in the form of twists or coils. (6) if other than flue cured and not otherwise four rupees specified. (7) if used for agricultural purposes nil (8) stalks. ii. manufactured tobacco- (1) cigars and cheroots. (2) cigarettes. one rupee &ninety paise. twenty-five rupees per hundred two hundred and fifty ..... of cases concerns pan masala containing tobacco and gutka and their taxability under three state legislations, namely, 1 the delhi sales tax act, 1975, the u.p. trade tax act, 1948 and the tamil nadu general sales tax act, 1959. the central question raised in all these appeals is the same. we shall first take up the delhi case. .....
Tag this Judgment!Court : Supreme Court of India
..... but in reality she was running an aluminium industry employing 9 persons and was also paying sales tax and income tax and hence the question of her being a landless agricultural labourer did not arise.8. para 4 of the assignment deed reads as follows :- 4. this assignment is liable to be altered or cancelled if it ..... was a landless agricultural labourer entitled to assignment of such rights in terms of section 96 of the act which reads as follows:- 96. assignment of lands by land board. (1) the land board shall assign on registry ..... originally, respondent no.1 filed an application claiming kudikidappukars (tenancy) rights on the land. this claim of respondent no.1 was rejected by the board constituted under the act, some time in the year 1988. thereafter, respondent no.1 filed applications claiming assignment of the property measuring 8 cents in her favour on the ground that she .....
Tag this Judgment!Court : Supreme Court of India
..... do they have experience in evaluating watches. he further submitted that a1 was not required to disclose personal effects as it is exempted under section 2(14) of the income tax act. hence, the amount of rs.15,90,350/- is liable to be excluded from the computation of the assets of a1. he also submitted that the entire amount ..... of a1 and allowed an addition to the extent of rs.46,71,660/- in respect of the income of a1 from grape garden. it is further submitted that the agricultural income of rs.52,50,000/- requires to be taken as income available to a1 during the check period. according to the learned senior counsel, a1 has fully proved the ..... are patently erroneous. mr. acharya drew our attention to annexure-iii (64 items annexure-iii, pages 1224-1233 of vol.v) and submitted that the income includes loan, interest, rental, agricultural income and fixed deposits. according to the prosecution, the said amount is rs.9,34,26,054/- (which would appear at pages 1224-1233 of vol.v). according .....
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