Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 26 assessment in case of discontinued company firm or association or dissolved firm Page 1 of about 27 results (0.238 seconds)

Netley b Estate Vs. Assistant Commissioner of Agricultural Income-tax ...

Court : Karnataka

Reported in : (2003)179CTR(Kar)167; [2002]257ITR532(KAR); [2002]257ITR532(Karn)

..... the provisions of section 26(4) and the explanation thereto of the karnataka agricultural income-tax act, 1957, as amended by act 18 of 1997 (hereinafter referred to as the act), read as follows :'26. (4) where any business through which agricultural income is received by a company, firm or association of persons is discontinued or any ..... of karnataka in 2397 of 1988 and other connected matters, it has become necessary to amend the karnataka agricultural income-tax act, 1957, retrospectively with effect from april 1,1975, to facilitate assessment of income received after dissolution of a firm even though at the time of such assessment the firm stood dissolved.' ..... 18 of 1997 with retrospective effect from april 1, 1975.4. when sections 26 and 27 of the karnataka agricultural income-tax act, 1957 (hereinafter referred to as 'the act'), were originally incorporated in the act these two sections provided only for assessment or reassessment of pre-dissolution or pre-discontinuance of a firm. in .....

Netley b Estate, Vs. Assistant Commissioner of Agricultural Income-tax ...

Court : Karnataka

Reported in : ILR1998KAR3718; [1999]238ITR376(KAR); [1999]238ITR376(Karn)

..... no. 2397 of 1988 ( : [1997]227itr421(kar) ), and other connected matters, it has become necessary to amend the karnataka agricultural income-tax act, 1957, retrospectively with effect from april 1, 1975, to facilitate assessment of income received after dissolution of a firm even though at the time of such assessment the firm .stood dissolved.'6. in l. p. ..... date of its dissolution cannot be spelt out from section 26(4), the amendment effected by act 10 of 1987 has not in any way changed the legal position with regard to the point at issue and the agricultural income-tax officer could not have relied on the amended section 26 to assess the dissolved firm after ..... ) and explanation thereto of the karnataka agricultural income-tax, 1957, have been assailed in all these writ petitions. since the question involved is common, these petitions are disposed of by this common order.2. the provisions of section 26(4) of the act as they exist today were substituted by act no. 18 of 1997 with effect .....

(1) Netley b Estate (W. P. No. 5650 of 1998) (2) Bajie Collie Saravana ...

Court : Karnataka

Reported in : [1999]238ITR876(KAR); [1999]238ITR876(Karn)

..... p.. no. 2397 of 1988 q19971 227 itr 421), and other connected matters, it has become necessary to amend the karnataka agricultural income-tax act, 1957, retrospectively with effect from april 1, 1975, to facilitate assessment of income received after dissolution of a firm even though at the time of such assessment the firm stood dissolved.'in l. p. ..... date of its dissolution cannot be spelt out from section 26(4). the amendment effected by act 10 of 1987 has not in any way changed the legal position with regard to the point at issue and the agricultural income-tax officer could not have relied on the amended section 26 to assess the dissolved. firm after ..... (4) and explanation thereto of the karnataka agricultural income-tax, 1957, have been assailed in all these writ petitions. since the question involved is common, these petitions are disposed of by this, common order.the provisions of section 26(4) of the act as they exist today were substituted by act no. 18 of 1997 with effect from .....

P.V. Balakrishnan Nair and ors. Vs. Deputy Commissioner of Agrl. Incom ...

Court : Kerala

Reported in : [1993]204ITR567(Ker)

..... 1. whether the commissioner was right in holding that the firm was not entitled to get registration or renewal of registration under section 27 of the kerala agricultural income-tax act, 1950 2. whether the commissioner was right in holding that the proceedings evidenced by the earlier revision order in ait rp 13, 14, 15/68 ..... the deputy commissioner was right in holding that the firm was not entitled to get registration or renewal of registration under section 27 of the kerala agricultural income-tax act, 1950 2. whether the deputy commissioner was right in holding that the proceedings evidenced by annexure b did not preclude his comingto the conclusion that ..... the deputy commissioner was right in holding that the firm was not entitled to get registration or renewal of registration under section 27 of the kerala agricultural income-tax act, 1950 2. whether the deputy commissioner was right in holding that the proceeding evidenced by annexure b did not preclude his coming to the conclusion .....

Assam Company Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

..... act authorising the agricultural income-tax officer to disregard the computation of tea income made by the central income-tax authority acting under the central income-tax act and that the agricultural income-tax officer in making the assessment of agricultural income was bound to accept the computation of tea income already made by the central income-tax authority. in the said case, the supreme court, however, observed that under some acts and rules including the assam agricultural income-tax act and rules, the agricultural income-tax .....

Commissioner of Income Tax Vs. Mahendra Mills

Court : Supreme Court of India

Reported in : (2000)159CTR(SC)381; [2000]243ITR56(SC); JT2000(3)SC405; 2000(2)SCALE384; (2000)3SCC615; [2000]2SCR465

..... depreciation to which it is entitled, because rule 4(1) of the tamil nadu agricultural income-tax rules, 1955, refers to the rates prescribed in the income-tax act for calculating the rate of depreciation to be arrived at under section 5(f) of the tamil nadu agricultural income-tax act, 1955. under rule 5 of the income-tax rules, 1962, read with appendix i thereto, buildings are classified into four categories ..... the claim in the revised return. 37. in hopeville estate v. state of tamil nadu high court struck somewhat a different note. it was a case under the tamil nadu agricultural income-tax act, 1955. the assessee had claimed depreciation on the value of the tank said to have been constructed for the use of the workers, in the computation of the .....

Bithal Das Vs. State of U.P.

Court : Allahabad

Reported in : AIR1956All156; [1956]30ITR647(All)

..... groups of members in definite portions'. unless the property is so divided a family is held to continue as undivided.the provisions of the u. p. agricultural income-tax act do not appear to impose any such condition. learned counsel argued that if a coparcenary ceased to be in existence because of the unequivocal expression of ..... fully convex-sant with the procedure;5. the second contention was that the assessees had ceased to constitute a joint hindu family within the meaning of the agricultural income-tax act. their case was that a separation had ' been orally effected in june 1948, and that as evidence thereof a partnership deed had been executed on 7 ..... the matterit can be said that an argument that there wasno material to sustain the finding cannot be ruledout. 16. in the u. p. agricultural income-tax act, 1948, section 3 makes every 'person' liable to tax. 'person' has been defined in section 2 (11) as including, among others, an 'undivided hindu family'. this 'undivided. hindu family' .....

Assam Frontier Tea Ltd. Vs. Assistant Commissioner of Taxes and ors.

Court : Guwahati

..... regarded as agricultural income liable to be taxed under the assam agricultural income-tax act, 1939. rule 5 of the assa-m agricultural income-tax rules, 1939, according to dr. saraf lays down that in respect of the agricultural income from tea grown and manufactured by the seller in the state of assam, the portion of net income worked out under the income-tax act and left unassessed being agricultural income shall be assessed under the assam agricultural income-tax act, 1939 ..... . it also provides that while assessing such income under the agricultural income-tax act, 1939, deduction should be allowed for the expenditure allowable under the state act and the rules made thereunder so far they have not been allowed .....

Anglo American Direct Tea Trading Co. Ltd. Vs. Commissioner of Agricul ...

Court : Supreme Court of India

Reported in : AIR1968SC1213; [1968]69ITR667(SC); [1968]2SCR745

..... 25(5) of the bengal agricultural income-tax act, 1944, and rules 7 and 8 of the bengal agricultural income-tax rules, 1944, (b) s. 8 of the mysore agricultural income-tax act, 1957 and rule 6 of the mysore agricultural income-tax rules, 1957, (c) s. 8 of the coorg agricultural income-tax act, 1951, (d) the second proviso to s. 8 of the assam agricultural income-tax act, 1939 and rule 5 of the assam agricultural income-tax rules, 1939, (e) explanation 1 ..... under the agricultural income-tax act '. following its earlier decision in commissioner of agricultural income-tax, kerala v. perunad plantations ltd. : [1965]56itr193(ker) , the high court held that the agricultural income-tax officer was not obliged to accept the computation of the tea income made by the income-tax officer acting under the income-tax act, and it was open to him to compute the income independently applying the relevant provisions of the income-tax act and the agricultural income-tax act. from these .....

Achamma George Vs. Inspecting Assistant Commissioner and anr.

Court : Kerala

Reported in : (1989)79CTR(Ker)205; [1989]180ITR57(Ker)

..... could be traced cautiously so as to watch the junction at which the conclusion is set in.27. the agricultural income-tax act, 1950, was initially intended to have territorial application over the former travancore-cochin portion of the state. the travancore-cochin agricultural income-tax (amendment) act, as the act was originally named soon after it had been framed, was itself an attempt at effecting uniformity in relation ..... are sections 9(2)(a)(i), 10(1)(d) and 18(5)(a) of the agricultural income-tax act, 1950. they read :'9. income from settlement, disposition, etc.--... (2) in computing the total agricultural income of any individual for the purpose of assessment, there shall be included (a) so much of the agricultural income of a wife or minor child of such individual as arises directly or indirectly- (i .....