Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 3 charge of agricultural income tax Court: delhi Page 8 of about 171 results (0.084 seconds)

Saluja Farms Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (2002)172CTR(Del)742; [2002]254ITR172(Delhi); [2002]120TAXMAN574(Delhi)

..... pursuant to the directions given by this court under section 256(2) of the income-tax act, 1961 (in short the 'the act'), the following question has been referred for the opinion of this court by the income-tax appellate tribunal, delhi bench 'a' (for short the 'tribunal') :'whether, on the facts and circumstances of the case, interest paid by the association of persons on the loan obtained from the bank for meeting demands of withdrawals of ..... however, it makes it clear that the expression 'for the purpose of business' occurring in section 10(2)(iii) is wider than the expression 'for the purpose of earning income, profits or gains' occurring in section 12(2) of the indian income-tax act, 1922. ..... the madras high court decisions are primarily relating to the question of allowances or disallowances of interest under section 10(2)(iii) of the indian income-tax act, 1922. ..... if was the stand of the assessed that the members of the assessed-association of persons had contributed considerable amount for the purpose of running agricultural farms and earning dividend and interest income. .....

C.S. Agarwal and anr. Vs. State and ors.

Court : Delhi

..... agricultural income tax act ..... the proceedings under income tax act filed under article 226 ..... under the income tax act, 1922. ..... of the said high court or one judge of any division court, pursuant of section 108 of the government of india act, made on or after the first day of february, one thousand nine hundred and twenty-nine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a ..... not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act, and that notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge ..... persons residing in places within the jurisdiction of any court subject to its superintendence, and shall have authority to try at its discretion any such persons brought before it on charges preferred by any magistrate or other officer specially empowered by the government in that behalf. 18. ..... is clear that if the fir is not quashed, it may lead to filing of challan by the investigating agency; framing of charge; and can result in conviction of order of sentence. .....

Ashish and Co-and ors. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1986)(8)ECC42

..... it is true that these observations were made by the supreme court while discussing the admissibility of an exemption claimed under the income-tax act, but the principle is equally valid in its application to exemption granted under the customs act or the central excise act.it was, therefore, up to the importer in the instant case to establish that the pvc/pu leather cloth/pvc flocking-sheets imported by them would attract the benefit of exemption under the notification ..... 239, are pertinent:- "at the very outset, we should dissent from the view expressed by the learned judges that the burden is on the department to prove that the income sought to be taxed is not agricultural income. ..... in that case, the words' "any other goods" occurring in section 43 of the customs (consolidation) act, 1876, which empowered his majesty by order-in-council to prohibit the importation of "arms, ammunitions or gun powder or any other goods" were construed as referring to goods similar to "arms ..... it reads as follows: "in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the table below and used in the leather industry from:- (a) so much of that portion of the duty of customs leviable thereon which is specified in the first schedule to the customs tariff act, 1975 (51 of 1975), as is in excess of 40 per cent ad valorem; .....

Additional Cit Hisar Range Vs. Jindal Steel and Power Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the hon'ble calcutta high court was in the context of the bengal agricultural income tax act, 1944. ..... relation to four parties was held assessable as income in terms of section 68 of the income tax act, 1961 (in short, 'the act'). ..... on the basis of aforesaid, it was contended that the entire expenditure was allowable while computing the income of the assessee.the learned counsel for the assessee specifically pointed out that that the visits to bhuj and bhavnagar were undertaken to facilitate relief work on the ..... the background of the impugned dispute is as follows: the assessee had claimed deduction under section 80-ia in respect of two of its undertakings engaged in the business of generation of electric power at ..... in this case, the assessee received consent under section 44a of the electricity (supply) act, 1948 to establish and operate the captive power plant in terms of a power purchase-cum-wheeling of power agreement dated 15-7-1999 entered between the state electricity board ..... above context, it therefore becomes important for us to consider as to whether the price charged by the assessee for power supplied to its own manufacturing units at the rate of ..... from an outside party, namely, the state electricity board, was the best indicator in determining the market value and that the same rate should be adopted in computing the eligible profits under section 80-ia even in relation to the power supplied by the assessee to its own manufacturing units.12. ..... charged by the board from its .....

Gokul Chand D. Morarka and anr. Vs. Company Law Board and ors.

Court : Delhi

Reported in : [1974]44CompCas173(Delhi); ILR1972Delhi369B

..... agricultural income tax act, 1948, to which applied to the said case); it was held that an appeal lay. ..... has, thereforee, to be considered from two angles, namely, (1) whether the imaugned order has been passed by the company judge in the matter of winding up, (2) whether even independently of section 483 an appeal would lie, to a division bench of this court, under dection 5(1) of the delhi high court act (26 of 1966) which specifically provides that the high court of deini shall have ail such original, appellate and other jurisdiction, as under the law in force immediately ..... 1939 mad 318 occurring on page 327, column 2, are helpful and may be set out: 'under section 271, all the provisions of the act with respect to winding up would apply to an unregistered company and a provision to avert a winding uo will be a provision with resnect to the winding up. ..... the company had not even paid income tax which was deducted from the salary of the staff. ..... among others, the court may order the regulation of the conduct of the company's affairs in future and terminate or set aside any transfer or other act relating to property made or done by or against the company within three months before, the date of the 'application, which would, if 'made or done by or against an individual be demed in his insolvency to be a fraudulent preference ..... (6) on 24.3.1969 the company created a charge on its land and buildings in favor of belapur and brady as security for the payment of the loans advanced by them. .....

J.M. Ramachandra and Sons Vs. Customs Excise and Gold (Control) Appell ...

Court : Delhi

Reported in : 95(2002)DLT217; 2002(80)ECC72; 2002(139)ELT36(Del)

..... agricultural income-tax : [1952]22itr131(cal) the stand of the appellant in mela ram's case (supra) before the apex court was that an order of appellate assistant commissioner refusing to condone the delay is one section 30(2) and only the order that could be passed under that section was one excusing delay and an order refusing to condone it will fall outside it and that such an order could only be made under section ..... case may be, or, in the case of an order under sub-section (2) of section 25 or sub-section (2) of section 26 or sections 48, 49 or 49f, (d) confirm, cancel or vary such order, or in the case of an order under sub-section (1) of section 25a, (e) confirm such order or cancel it and either direct the income-tax officer to make further inquiry and pass a fresh order or to make an assessment in the matter laid down in sub-section (2) of section 25a, or, in case of an order section 28 or sub-section (6) of section 44e or sub-section (5) of section 44f or sub-section (1) of section 46, (f) confirm or cancel such order or vary it so as ..... suresh chandra dey, sir dinshaw mulla construing the word 'appeal' in the third column of article 182 of the limitation act observed: 'there is no definition of appeal in the code of civil procedure, but there lordships have no doubt that any application by a party to an appellate court, asking it to set aside or revise a decision of a subordinate court, ..... the delay saying that the partner in charge was ill from 5th february 2000 to 16th .....

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Reported in : 73(1998)DLT732

..... commissioner, : air1989sc317 .for the purpose of appreciating this position, provisions of the prevention of corruption act, 1947, the indian evidence act, assam agriculture income tax act, 1939, income tax act, 1922, industrial development and regulation act, 1951 and the textiles committee act, 1963, the indian tariff act, 1934 and the imports & exports act, 1937 as they form part of the import control scheme of the government can be regarded to. ..... contention on the basis of the provisions of these two acts by the learned counsel for the defendants is that the drawings relied upon by the plaintiffs are designs within the meaning of designs act, 1911 and by virtue of section 15 of the copyright act, 1957 the plaintiffs cannot claim any copyright. ..... d) the said drawings are 'original artistic works' within the meaning of section 2(c) of the copyright act, 1957 and are subject to protection in india by virtue of india's membership of the berne convention and the universal copyright convention as also the international copyright order, 1991; e) lastly, that the subject products manufactured and ..... confine themselves to the provisions of the copyright act, 1957 and would assert copyright in the drawings while the second defendant would rely upon the provisions of the designs act and section 15 of the copyright act to show that what is relied upon by the plaintiffs is a design and the claim of the plaintiffs would come within the mischief of section 15 of the copyright act, 1957. .....

Collector of Customs Vs. Mirah Exports (P) Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(29)ELT401TriDel

..... return of income signed by the son of an illiterate person was invalid, not having been signed or verified by the assessee himself as required in the bengal agricultural income-tax act, (act ii of ..... likely that other importers would claim the benefit accruing from the decision of additional collector of customs in the case".3 questions relating to the competence and maintainability of the instant application in terms of section 129d of the act arise as a prelude to a consideration of the application for the stay prayed for.after conclusion of the hearing of the application on 2-1-1986, it was decided to re-hear it on ..... assessable value of the goods under section 14 of the act, recovery of the consequential difference in duty and imposing fine in lieu of confiscation of the goods in question under section 111(d) of the act, read with section 3(2) of imports and exports (control) act, 1947 as also under section 111(m) of the act and the imposition of personal penalty under section 112 of the act on all the parties charged in this regard in the relevant ..... collector (customs) it was held by his order dated 19-4-1985 (and issued on 9-5-1985) inter alia, that - (i) the invoice prices can be accepted as the assessable value in terms of section 14 of the act, [whether under clause (a) or (b) of the said provision not discussed however] despite other instances of sales of lesser quantities at higher prices; (ii) no relationship, much less one that touches upon ..... 1957 ..... 1957 ..... 1957 ..... 1957 ..... 1957 .....

Ceakay Rubber Industries Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1983)LC687DTri(Delhi)

..... another judgment of hon'ble supreme court, namely, commissioner of agricultural income-tax and sales tax, quilon v. ..... on business aid was a dealer, was on the departmental authorities, also does not seem to be available in this case because the reported case was with reference to the provisions of central sales tax act, 1976, where the basic requirement of the concerned party being found to be a dealer was required to be established whereas there is no such dispute in this case and the goods were admittedly ..... respondent controverted all these arguments by contending that the argument that the finished product was being subjected to duty and consequently the semi-finished product used in the manufacture thereof could not be charged to duty was not available inasmuch as principle of 'double levy' was an accepted proposition in excise laws, and that in any case, the matter stands concluded by the judgment of the ..... , dated 20-2-1982, which was incorporated in the act, itself by virtue of section 51 of finance act, 1982, giving it a retrospective operation with effect from the date of commencement of the act, providing that all goods even when captively consumed as intermediary products, would be deemed to have been cleared from the factory of their manufacture for the purpose of levy ..... this argument would be relevant only where the article is said to be charged to duty under the same tariff entry and description without having undergone any further process of manufacture in the sense .....

D.L.F. United Ltd. Vs. Commissioner of Income-tax, Delhi (Central)

Court : Delhi

Reported in : (1986)56CTR(Del)350; [1986]161ITR709(Delhi)

..... 31,653 was agricultural income within the meaning of section 2(1)(a) of the income-tax act, 1961, and hence exempt from tax, was valid in law ..... aggrieved by the order of the tribunal, the assessed preferred an application under section 256(1) of the income-tax act and the tribunal has referred the following questions of law for the opinion of this court ..... a reference under the income-tax act pertaining to m/s. ..... it is a well-settled proposition that a reference in income-tax matters is on a question of law and that this question of law has to be answered by the high court on the basis of facts and circumstances either found by the tribunal or admitted by the parties before ..... be excluded from the assessment urging that the transaction was not one in the course of business and that being a transaction of agricultural land, even capital gain was not attracted to the case. ..... that, whatever may be the position in respect of the surplus which arose out of the land acquisition, the position would be totally different in respect of surplus which arises as a result of voluntary acts of purchase and sale indulged in by the assessed. ..... was rightly not assessed to tax in the assessment year 1965 ..... on sale of land was rightly assessed to tax as assessed's business profit 2. ..... its business income. ..... surplus that came up for consideration in the assessment years 1961-62, 1963-64 and 1964-65 arose as a result of acquisition of certain lands which had been purchased by the assessed under the land acquisition act. .....