Court : Supreme Court of India
..... not declared that he had lent rs.3 lakh to the accused. it further established that the agricultural income also was not declared in the income tax returns.16. the learned trial court further found that from the income which was shown in the income tax return, which was duly exhibited, it was clear that the complainant(s) did not have financial ..... had acquitted the accused, the high court, in appeal, reversed the acquittal and convicted the accused for the offence punishable under section 138 of the n.i. act. affirming the order of the high court, this court held that merely by denial or merely by creation of doubt, the accused cannot be said to have rebutted ..... 18 scc1064 (2021) 5 scc28312 summarise the principles enumerated by this court in following manner:25. 1. once the execution of cheque is admitted section 139 of the act mandates a presumption that the cheque was for the discharge of any debt or other liability. 25.2. the presumption under section 139 is a rebuttable presumption and .....
Tag this Judgment!Court : Supreme Court of India
..... . of course, since parliament had no competence 46 to levy a tax on agricultural income, the repeal of the sitm, 1948, would affect only the law insofar as it applied to taxes on income and would not affect its operation with respect to agricultural income. (c) however, in spite of the fact that the i.t. act, 1961, stood extended to sikkim and the corresponding law stood repealed ..... , pro tanto, all residents, including the petitioners, continued to pay income tax under the sitm, along with the other indian citizens .....
Tag this Judgment!Court : Supreme Court of India
..... judgments, in support of the above submissions: (i) state of t.n. vs. m. krishnappan and anr. (2005) 4 scc53(para 18-23). (ii) commr. of agricultural income tax vs. netley b estate (2015) 11 scc462(para 20-22). (iii) ashok leyland ltd. vs. state of t.n. (2004) 3 scc1(para 65 to 71). 10 ..... ) 4 scc675 the constitution bench was judging the constitutionality of economic legislation wherein challenge was to the validity of the provisions of special bearer bonds (immunities and exemption act, 1981) on the grounds of discrimination and violation of article 14. p.n. bhagwati j., speaking for himself, chief justice chandrachud, a.c. gupta, s ..... to taxation on motor vehicles as being regulatory measure and compensatory in nature to raise revenue. relevant extract is reproduced hereunder: the taxation act is a regulatory measure imposing compensatory taxes for the purpose of raising revenue to meet the expenditure for making roads, maintaining them and for facilitating the movement and regulation of .....
Tag this Judgment!Court : Supreme Court of India
..... wadia [(2008) 3 scc279: (2007) 13 scr598) thus, in the context of a statute, the word any may be read as all in the context of the income tax act for which the power of transfer has been conferred upon the authorities specified under section 127. [emphasis supplied].123. the court again reiterated that the word any must be ..... m. khan [(1981) 4 scc82 , som prakash rekhi v. union of 115 india [(1981) 1 scc449:1981. scc (l&s) 200]. , ravula subba rao v. cit [air1956sc604:1956. scr577 , govindlal v. agricultural produce market committee [(1975) 2 scc482: air1976sc263: (1976) 1 scr451 and babaji kondaji v. nasik merchants coop. bank ltd. [(1984) 2 scc50 [emphasis supplied].140. m ..... unable to withdraw or deposit money. they did not have money to buy seeds or fertilizers or to hire labour. it is submitted that the price of agricultural products dropped to a huge extent, thereby causing loss to the farmers.33. shri chidambaram submits that the government also did not take into consideration the fact .....
Tag this Judgment!Court : Karnataka Dharwad
..... whom the loan or deposit is taken or accepted and the person by whom the loan or deposit is taken or accepted are both having agricultural income and neither of them has any income chargeable to tax under this act.-. 22 - crl.rp no.2011 of 2013 explanation----for the purposes of this section --- (i) "banking company" means a company ..... transaction void. the concerned authorities can take necessary action against the complainant for non compliance of section - 28 - crl.rp no.2011 of 2013 269 of the income tax act. only on that ground, this court cannot interfere with the impugned judgment passed by the courts below.22. another contention of the accused is that the complainant was ..... by placing the probable defence.18. another defence taken and vehemently argued by the learned counsel for the petitioner is that, in view of section 269ss of the income tax act if the transaction amount is more than rs.20,000/-, such - 19 - crl.rp no.2011 of 2013 transaction shall be made by cheque or demand draft .....
Tag this Judgment!Court : Karnataka
..... and 9 clearly records the admissions elicited from the departmental witnesses. more particularly, pw s-8 and 9, who have clearly admitted that the income of the son, wife and income from other sources like agricultural income and rental income, have not been taken into consideration while holding that the assets held are disproportionate to the known sources of ..... have perused the document and in fact the law department has placed reliance on the ruling of the hon ble apex court in the case of director of income tax, 11 new delhi v. srmb dairy farming pvt. ltd.1, wherein the hon ble apex court has lamented and expressed its concern in the following words ..... agricultural lands and the icing on the cake is that all these sources of income have been declared to the employer. despite the declaration, in the enquiry, the enquiry officer and the disciplinary authority have conveniently ignored all these sources of income and have not brought it on record, which we feel is not an inadvertent act .....
Tag this Judgment!Court : Supreme Court of India
..... 17, 2019, the ministry of social justice and empowerment, government of india has stipulated that only persons whose families have a gross annual income less than rs.8 lakhs, or agricultural land less than 5 acres, or residential flat less than 1,000 sq. ft., or residential plot less than 100 sq. yards ..... against scheduled tribes were offences under indian penal code, with a much smaller proportion of offences under the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989. this data is demonstrative, that crime against those marginalized and stigmatized by caste, continue till this date. these legal developments and statistics belie ..... , the removal of economic inequalities. there could be different methods of distributive justice; and it comprehends more than merely achieving the lessening of inequalities by tax or debt relief measures or by regulation of contractual transactions or redistribution of wealth, etc. this discussion need not be expanded on all other means of .....
Tag this Judgment!Court : Supreme Court of India
..... coverage of a panchayat. in noida (supra), the question which arose for decision was whether the noida was a local authority for claiming income tax exemption status, under section 10 (20) of the income tax act, 1961. this court held that the exclusion of an area from the limits of a municipality ipso facto did not result in its ..... 243q.38. in noida (supra), the issue was with respect of whether, the appellant authority, also constituted under the upiad act could claim the benefit of exemption under section 10 (20) of the income tax act, 1961 as a local authority . the appellant had relied upon on a notification (dated 24.12.2011) issued by governor ..... of list ii as there is no entry in seventh schedule under which impugned legislation could have been made. counsel also placed reliance on itc ltd v agriculture produce market committee15 and argued that the scope of a constitutional taxation power cannot be determined with reference to a parliamentary enactment. otherwise, it would result .....
Tag this Judgment!Court : Supreme Court of India
..... derived by the settlor, trustees, their relatives, or other persons.13. the scope and amplitude of the definition charitable purpose under the income tax act, 1961 (hereafter income tax act" or the it act ) has engaged the courts (including that of this court) attention on myriad occasions. the expression not involving the carrying on of ..... resulting 60 federation of chambers of indian commerce and industry; confederation of indian industry; associated chambers of commerce and industry of india (assocham); the agricultural and processed food products export development authority (apeda). 37 activity has a dual nature or is twin faceted. the well-known principle of construction ..... organization can set up and promote the said system/standard within a country. these can be used for several fields including public distribution system, agriculture, health products, etc. and has been successfully used for product package labels. the utility and benefits of a 120 universal coding system assessable .....
Tag this Judgment!Court : Supreme Court of India
..... multiple injuries.4. the deceased was aged above 31 years at the time of death and was an income tax assessee. he was a businessman who held diverse interests in arenas such as jewellery, textiles, exports and transport. furthermore, he also drew income from his agricultural lands and leased out real estate. at the time of his demise, he left behind a widow, two ..... loss unlike in the case of damages. hence, any interference by the appellate courts should ordinarily be allowed only when the compensation is exorbitant or arbitrary .12. furthermore, motor vehicles act of 1988 is a beneficial and welfare legislation7 that seeks to provide compensation as per the contemporaneous position of an individual which is essentially forward looking.8 unlike tortious liability .....
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