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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 Court: rajasthan

Mar 12 2010 (HC)

C.i.T. Vs. Krishi Upaj Mandi Samiti

Court : Rajasthan

..... be spent for the purposes mentioned in the rajasthan agricultural produce markets act, 1961, including advancement of any other object of general public utility, which is a charitable purpose, is eligible for registration under section 12a of the income-tax act, 1961. this court said,-may be that the income received by the samiti by way of cess or ..... mandi fees is not shown to be spent wholly for the purpose of relief of the poor, education, or medical relief, but under the scheme of the act, being the rajasthan agricultural produce markets act, 1961, ..... market committee : (2007) 294 itr 563 (p&h;) and cit v. agricultural produce and market committee (2007) 36 stc 278. 5. the activities of the respondent herein, i.e., the krishi upaj mandi samiti, bilara, a market committee constituted under the aforesaid rajasthan act of 1961 are similar and akin to the activities of the said .....

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Apr 30 1997 (HC)

Mahaveer Enterprises Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : [2000]244ITR789(Raj)

..... , capital gains arising from sale of land situate in india, which land is used for agricultural purposes, would be revenue derived from such land and, therefore, agricultural income within the meaning of section 2(14)~income tax act, 1961~^ of the income-tax act, 1961, and parliament would have no legislative competence to tax such agricultural income. therefore, to the extent that sub- clause (iii) of section 2(14) as amended retrospectively ..... the gains are assessable as capital gains. it was further held that the expression 'agricultural land' is not defined in the income-tax act, 1961. the underlying object of the act to exempt 'agricultural income' from income-tax is to encourage actual cultivation or de facto agricultural operations. the actual user of the land for agricultural purpose or absence thereof at the relevant time is undoubtedly one of the crucial tests .....

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Jul 24 2002 (HC)

Lakshmi Cement Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : [2004]134STC200(Raj)

..... as under :'for the reasons we have given, we are of the opinion that the agricultural income-tax officer was competent under section 26 of the act to assess an item of income which he had omitted to tax earlier, even though in the return that income was included and the agricultural income-tax officer then though that it was exempt. the answer given by the high court was therefore ..... fresh information. the section says : 'if for any reason any agricultural income chargeable to agricultural income-tax has escaped assessment for any financial year..... the agricultural income-tax officer.....may proceed to assess.......such income.......'. the use of the words 'any reason' which are of wide import dispenses with those conditions by which section 34 of the indian income-tax act is circumscribed. the point which was thus left over by gajendragadkar .....

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Mar 22 1979 (HC)

Dhankaur and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : [1979]120ITR158(Raj); 1979()WLN213

..... said assessment orders before the assistant commissioner as provided by section 48 of the act. they, however, filed ..... m.l. joshi, j. 1. the agricultural ito assessed the appellants under the provisions of the rajasthan agricultural income-tax act, 1953 (hereinafter to be referred to as 'the act'), for the assessment years 1954-55 to 1959-60 by his separate six assessment orders. the appellants did not prefer any appeal against the ..... as under:'52. power of revision by commissioner.--... (2) the commissioner may, on application by an assessee for revision of an order under this act passed by any agricultural income-tax officer made within one year from the date of the order, or within such further period as the commissioner may think fit to allow, on .....

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Apr 25 1980 (HC)

Rajmata Trilok Rajlaxmi Vs. Commissioner of Agricultural Income-tax

Court : Rajasthan

Reported in : [1981]129ITR401(Raj)

..... for the public and exempted under govt. notification no. f. 52(8) divt/55 dated 30-8-1956 shall be included in the ' total agricultural income' for determining the rate of agricultural income-tax under section 3 read with section 17 of the rajasthan agricultural income-tax act, 1953 ' 2. the brief facts, necessary for the decision of this reference, are that the assessee was assessed on a total ..... income of rs. 4,49,685 on which tax was computed at rs. 1,87,912'19. subsequently, the government issued anotification no. f. 52(8) est .....

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Aug 19 1960 (HC)

Nardeo Singh Kurabad and Others Vs. Additional Commissioner of Agricul ...

Court : Rajasthan

Reported in : [1962]46ITR125(Raj)

..... reference to this court on the point :'whether, in the circumstances of these cases, the forest income sought to be assessed is agricultural income within the meaning of section 2(1)(ii) of the rajasthan agricultural income-tax act, 1953 ?'the definition of 'agricultural income' as given in section 2(1) of the act is almost in identical terms with the definition as given in section 2(1) of the ..... income-tax act, which came up for consideration before the supreme court in commissioner of income-tax v. raja benoy kumar sahas roy. what is meant by .....

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Apr 03 1961 (HC)

Commissioner of Income-tax, New Delhi Vs. Bakshi Bhagchand.

Court : Rajasthan

Reported in : [1961]42ITR657(Raj)

..... us for our opinion reads as follows :'whether on a true construction of the jaipur district boards act, 1947, and section 2(1)(a) of the indian income-tax act, 1922, the assessees income from jagirdari lands was agricultural income exempt from income-tax under section 4(3)(viii) of the indian income-tax act, 1922 ?'the facts in so far as they are relevant for the purposes of the present reference ..... the accounting period amounted to rs. 5,490. it was contended by the assessee before the income-tax officer that this income was exempt from income-tax as it was agricultural income within the definition of section 2(1) of the income-tax act. the relevant portion of section 2(1) of the said act reads as follows :'agricultural income means -(a) any rent or revenue derived from land which is used for .....

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Mar 08 1988 (HC)

J.K. Synthetics Vs. Municipal Council, Kota

Court : Rajasthan

Reported in : AIR1989Raj51; 1988(2)WLN487

..... the said notice to the' manager of the estate outside british india. the reliefs sought were a declaration that the bengal agricultural income-tax act, 1944, in so far as it purported to impose liability to pay agricultural income-tax on the plaintiff as a ruler of an indian state was ultra vires and void and that, in any case, ..... against the province of bengal in the court of the subordinate judge, dacca contesting the validity of a notice sent by the income-tax office, dacca range on 1-4-1944 under the bengal agricultural income-tax act, 1944 calling upon the manager of the zamindari estate belonging to the tripura state, but situated in bengal outside the territory ..... said notice to the manager of the estate outside british india. the reliefs sought were a declaration that the bengal agricultural income-tax, act, 1944, in so far as it purported to impose a liability to pay agricultural income-tax on the plaintiff as a ruler of an india state was ultra vires and void and that, in any case, .....

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Jan 27 2009 (HC)

Commissioner of Income Tax Vs. Krishi Upaj Mandi Samiti and ors.

Court : Rajasthan

Reported in : (2009)227CTR(Raj)79

..... . whether the learned tribunal is justified in confirming the order of cit(a) directing the ao to compute the income of the assessee after verifying the application of income as per the provisions of section 19 of the rajasthan agriculture produce marketing act, 1961 whereas, the income should be computed as per the provisions of the it act, 1961 ?3. whether/the learned tribunal is justified in confirming ..... the order passed by the cit(a) directing the ao to allow deduction of contribution to rajasthan agriculture marketing board from the income of the assessee and to compute the .....

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Mar 18 2008 (HC)

Commissioner of Income Tax Vs. K.U.M.S.

Court : Rajasthan

Reported in : (2008)216CTR(Raj)277

..... trust or institution is registered under section 12aa;(b) where the total income of the trust or institution as computed under this act without giving effect to the provisions of section 11 and section 12 exceeds the maximum amount which is not chargeable to income-tax in any previous year, the accounts of the trust or institution for ..... is entitled to be registered under section 12a. in our above view, we are fortified by the judgments of punjab & haryana high court in cit v. market committee (2007) 294 itr 563 , and cit v. agricultural produce and market committee (2007) 36 sitc 278.6. learned counsel for the revenue cited the judgment of delhi high court in ..... present case viz. registration rather that case dealt with the provisions of section 10(20) which provides for chargeability of income in the hands of local authority, and it was held in the said judgment that agricultural produce market committee is not a local authority. in that view of the matter, that judgment is of no .....

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