Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 3 charge of agricultural income tax Court: delhi Page 2 of about 171 results (0.255 seconds)

D.L.F. Housing and Construction (P.) Ltd. Vs. Commissioner of Income-t ...

Court : Delhi

Reported in : (1982)29CTR(Del)199; [1983]141ITR806(Delhi)

..... . sindhurani chaudhurani : [1957]32itr169(sc) , in the following words (headnote) : 'where salami is in the from of a lump sum non-recurring payment made by a prospective tenant to the landlord as a consideration for the settlement of agricultural land and parting with certain rights of the landlord in the land in favor of the prospective tenant, and is paid anterior to the constitution of relationship of landlord and tenant, it is not 'rent' within the meaning of the word used in the definition of 'agricultural income' in section 2(1)(a) of the assam agricultural income-tax act, 1939 ..... 1,65,600 arising as a result of the acquisition of the land in question constitutes agricultural income exempt under section 4(3)(viii) read with section 2(1) of the indian income-tax act, 1922 (iii) whether, on the facts and in the circumstances of the case, the assessment framed under section 143(3) of the act of 1961, is without jurisdiction and unsustainable and should, thereforee, be annulled (iv) whether, on the fact and in the circumstances of the case, one half of the property situated at no. ..... . since a specific head of charge is provided for income from ownership of house property, rents or other income from the ownership of house, the property cannot be brought to tax under any other head ..... . 92,873.90 as repair charges of head office and house nos .....

ito Vs. Smt Sheetal Kumari

Court : Delhi

Reported in : (2004)91TTJ(Del)1097

..... the.amount received is directly related to the requisitioned land on which agricultural operations continued to be carried on by the refugees during the year in question and this amount has to be regarded as agricultural income as defined by section 2(l) of the income tax act, 1922.the facts of the appellant's case are similar to those of ..... revenue in all these three appeals runs as under :'on the facts and circumstances of the case, the learned commissioner (appeals)-xxvi, new delhi, erred in deleting the addition by holding the recurring compensation as agricultural income exempt from tax, although the same is nothing but additional compensation chargeable under section 45(5) of the income tax act.'2. ..... of the requirements of section 2(1) of the indian income tax act, 1922, namely, that the land is used for agricultural purposes stood satisfied. ..... officer has further held that the agriculture land owned by the government for the non-agriculture purposes, hence the amount of recurring compensation is taxable under the income tax act.'25. ..... it was held that the agricultural land remained agricultural land till acquisition and payment of compensation, thereforee, was not assessable to tax, it being exempt as agricultural income within the meaning of section.in view of the facts of the case and the decisions of the hon'ble supreme court and the jurisdictional delhi high court mentioned above, i am of the opinion that the recurring compensation ..... officer-in -charge (court of wards) : [ .....

Goruk Mal Vs. Himachal Pradesh Government

Court : Delhi

Reported in : 5(1969)DLT191

..... the net effect of all this was that in the constituent regions the bhopal state agricultural income-tax act 1953, continued in force while in the remaining territory of the state of madhya pradesh there was no law providing for levy of tax on agicultural income. ..... agricultural income-tax is levied within the territory of the former state of bhopal and nto in the rest of the territories of madhya pradesh. ..... prima faice, a differential treatment is accorded by the state of madhya pradesh to persons carrying on agricultural operations in the bhopal region because the state subjects them to pay tax on ag cultural income, which is nto imposed upon agricultural income earned in the rest of the state. ..... 1966, continued to operate in the transferred territories until altered by to the areas comprised in the union territory of himachal pardesh before merger of the transferred territories, the east punjab general sales-tax act, 1948 ( hereafter referred to as the himachal act) was applicable with certain modifications and alterations and continued to apply in the said areas even after merger. ..... the transferred territories, being part of punjab, the provisions of the punjab sales-tax act, 1948, were applicable therein and by virtue of section 88 of the punjab reorganisation act. ..... sections 88 and 89 of the punjab re-orgainsation act were introduced as of necessity to cover the interin period and are nto intended to remain permanently.......... .....

Ashok Sardana and anr. Vs. Pramod Sardana and anr.

Court : Delhi

..... it is further urged that as per the income tax returns of smt.dropadi devi, the documents filed by the appellant no.1, the respondents and the cross-examination of respondent no.1, an investment of `56,000/- (rupees fifty six thousand only) was made in the new friends colony house including the cost of construction from money received as dividends and interest, sale of joint family s 13 bigha agricultural land at district hissar, sale of shares of various companies and on maturing of ..... is also placed on section 14 of the hindu succession act, 1956 and section 3 of the benami transactions (prohibition) act, 1988. ..... of the appellant no.1 that the suit is barred under section 4 of the benami transaction (prohibition) act, 1988 was rejected. ..... the basis of above, it is averred that late smt.dropadi devi was acting jointly on behalf of the family members of the parties being the eldest member ..... the present regular first appeal under section 96 cpc is filed against order and decree dated october 15, 2012 passed in cs(os) no.2515/1991 by the learned single ..... plaintiff s claim with regard to the property bearing no.a-82, new friends colony, new delhi is barred under section 4 of the benami transaction prohibition act?.4. ..... as issue no.4 is concerned, the impugned order holds that civil suit would not be maintainable as the competent court under land reforms act would have jurisdiction. ..... further averred that the claim of the plaintiff is barred by benami transaction (prohibition) act, 1988. .....

Market Committee and ors. Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)692

..... to letters from the chief ministers of delhi and punjab pointing out hardships which were likely to be caused to the above committees, the then hon'ble finance minister wrote back that agricultural produce marketing committees working for advancement of an object of general public utility without profit motive, can still claim exemption from income-tax as "charitable institutions" after fulfilling certain conditions prescribed under section 11 of the it act.3. ..... assessees were enjoying exemption from income-tax under section 10(20) of it act which prior to its amendment by the finance act, 2002, w.e.f. ..... the board and leave and pension contribution to government servants on deputation; (ix) travelling and other allowances to the employees of the board, its members and members of advisory committees; (x) propaganda, demonstration and publicity in favour of agricultural improvements; (xvii) with the previous sanction of the state government, any other purposes which is calculated to promote the general interests of the board and the committee (or the national or public interest) : provided that if the ..... broker, weighman, measurer, surveyor, godown-keeper or other functionary shall, unless duly authorized by licence, carry on his occupation in a notified market area in respect of agricultural produce : provided that nothing in sub-sections (3) and (4) shall apply to a person carrying on the business of warehouseman who is licensed under the punjab warehouses act, 1957 (punjab act no. .....

Commissioner of Income-tax Vs. Cement Distributors Ltd.

Court : Delhi

Reported in : 1994IIAD(Delhi)173; (1994)119CTR(Del)496; 1994(29)DRJ104; [1994]208ITR355(Delhi)

..... [1948] 16 itr 325, the privy council was considering whether the interest on arrears of rent payable in respect of land used for agricultural purposes was agricultural income within the definition of the phrase contained in section 2(1) of the indian income-tax act, 1922, and was, thereforee, exempt from income-tax? ..... in this reference under section 256(1) of the income-tax act, 1961 (in short, 'the act'), at the instance of the revenue, the following two questions have been referred for ..... held that the leasing out of the commercial assets of the new industrial unit at dalmiapuram constituted a business activity on the part of the assessed and since the income-tax officer had assessed the lease rent in the hands of the assessed as business profit, the said income from lease rent could clearly be said to be profit derived from the industrial unit within the meaning of section 80hh of the act. ..... income-tax officer was of the view that since the assessed did not carry out any manufacturing activity itself, it was not entitled to any relief under section 80hh of the act ..... the section, introduced by the direct taxes (amendment) act, 1974, with effect from april 1, 1974, with a view to allowing deductions to newly established industrial undertakings and hotel business in certain specified backward areas, provides that where the gross total income of an assessed includes any profits and gains derived from an industrial undertaking, it shall be allowed a deduction from such profits and gains .....

Cit Vs. Laxman

Court : Delhi

Reported in : [2002]124TAXMAN596(Delhi)

orderby the court at the instance of the revenue, the tribunal, delhi bench-b, has referred the following questions for the opinion of this court :'1. whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the provisions of section 2(14)(iii)(a) of the income tax act, 1961, are not applicable to the rural area of union territory of delhi ?2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the capital gain arising on transfer of the agricultural land in village nangal dewat, delhi, could not be charged to tax under the income tax act, 1961 ?'2. the reference, arising out of income tax appeal no. 1325 (del) of 1979, pertains to the assessment year 1974-75. since the questions referred for our opinion, are no longer res integra and concluded by the decisions of this court in income tax reference nos. 184-185 of 1982, dated 31-7-1997 and income tax reference nos. 478-479 of 1983 dated 28-5-2002, it is not necessary to state the facts. dealing with the question whether the capital gains arising from the transfer of the agricultural land in village nangal dewat, delhi, is chargeable to tax, it was held that the same was chargeable to tax. following the said decisions, we answer both the questions in the negative, i.e., in favor of the revenue and against the assessed. no order as to costs.

The Commissioner of Income-tax, Delhi Vs. the Goodwill Picture Limited ...

Court : Delhi

Reported in : ILR1972Delhi146

..... was rejected by the tribunal and the department went up to the high court of punjab under section 66(2) of the income-tax act and obtained an order from the court to refer two questions of law. ..... income- tax, bombay north : [1963]48itr92(sc) , it was said that the jurisdiction of the high court under section 66 of the income-tax act. ..... should be added to the un-absorbed loss and set of under section 24(2) of the indian income-tax act, 1922. ..... the statement of case under the rules framed under the income-tax act is prepared with the knowledge of the parties concerned and they have full opportunity to apply for addition or deletion from the statement ..... commissioner of agricultural income-tax, w.benal : [1959]36itr288(cal) where ..... of 3952-53 relating to the assessment year 1949-50, the income-tax department moved the high court of punjab under section 66(2) on the question as to whether the aforesaid sum ..... urged on behalf of the revenue was that in civil proceedings an appeal is a continuation of the suit and that the same principle should apply to a proceeding under the income-tax act. ..... canara bank limited : [1967]63itr328(sc) where at page 331 of the report one of the points mentioned against the revenue was that both the original statement of case dated may 15, 1957 and the supplementary statement of the case dated august 14, 1959 were agreed statements and as such the findings of the appllate tribunal could not be challenged and the revenue could not go behind ..... bombay : [1957]31itr688(bom) .....

Remfry and Sons Vs. Commissioner of Income Tax Viii

Court : Delhi

Reported in : (2005)195CTR(Del)66; 118(2005)DLT720; [2005]276ITR1(Delhi)

..... say that form of appeal prescribed by sub-rule (1) may be signed and verification appended thereto relating to the assessed be signed and verified by a person who is authorised to sign the return of income under section 140 of the income tax act, 1961, as applicable to the assessed.12. ..... notice under section 143(2) of the income tax act, 1961 (hereinafter referred to as 'the act') was issued to the firm which was asked to file details of various expenses claimed, and ..... the high court in terms of the provisions of the income tax act and presented as many as 12 questions before the tribunal ..... dated 19.7.1982 affirmed the view taken by the first appellate authority and held that the judgment in the case of agricultural income tax v. ..... absent from india, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf ;(b) in the case of a hindu undivided family, by the karta, and where the karta is absent from india or is mentally incapacitated from attending to his affairs, by any other adult member of such family ..... appeal was not signed by a karta or a member of huf and the appeal should or should not have been rejected, the court held as under :-the difference between the appellate assistant commissioner of income-tax and the tribunal lies within a narrow campus purely in the matter of exercise of discretion. ..... 1957 .....

Government Servants Co-operative House Building Society Ltd. and ors. ...

Court : Delhi

Reported in : AIR1994Delhi112; 51(1993)DLT334; 1993(27)DRJ144

..... respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable: xx xx xx' in amolak ram khosla's case the supreme court was interpreting section 22 of the income-tax act, 1961, as to how the annual value of the building is to be determined and said that even where the standard rent of a building had not been fixed by the controller under ..... is to be arrived at on the basis of actual rent received and property tax is levied on that, it would, in effect, be a tax on income, and legislation would not fall in entry 49 (tax on income other than agricultural income) of list ii (state list) of seventh schedule of the constitution and it would in fact be falling in entry 42 (tax on lands and buildings) of list i (union list). ..... nature of certiorari quashing the notices issued by the municipal corporation of delhi ('mcd' for short) under section 126 of the delhi municipal corporation act, 1957 (for short 'dmc act') and those issued by the new delhi municipal committee ('ndmc' for short) under section 67 of the punjab municipal act ('pm act' for short) as extended to delhi, on the properties situated within their respective areas; 2.a writ in ..... moreover, in ralla ram's case the question was about the validity of the provisions of the punjab urban immovable property tax act, 1940, under which it was provided that there shall be charged, levied and paid an annual rent on buildings and lands and it was also provided that annual value of any land and .....