Court : Punjab and Haryana
Reported in : (1993)114CTR(P& H)296; [1994]209ITR169(P& H)
..... of the revenue, the following question of law was referred :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the agricultural lands of the assessee were covered by the expression 'business premises' as defined in the schedule, part i, paragraph b, rule 1(i) of the wealth-tax act, 1957, and thus exempt from charge of additional wealth-tax ?'2. ..... the instance of the assessee, as reproduced above, counsel for the assessee argued on the basis of the relevant date for determining the value of the premises as defined under section 2(q) of the wealth-tax act as well as while referring to the provisions of section 7(1) of the act that it should be the present value of the assets. ..... the assessee, the following two questions were referred :'(1) whether, on the facts and in the circumstances of the case, the directions of the tribunal to value the agricultural land on the basis of finally determined compensation without any discount and subject to a maximum limit of rs. ..... referred was regarding treating the agricultural land so valued as 'business premises' and thus exempt from charge of additional wealth-tax. ..... on the asking of the revenue as well as the assessee, the income-tax appellate tribunal referred questions of law along with the statement of case ..... of the facts and circumstances of the case, the tribunal was right in refusing to grant exemption under section 5(1)(xviii) on account of land originally received as military grant ?' 3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1991]192ITR557(P& H)
s.s. sodhi, j. 1. the question posed for our determination is :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the agricultural lands of the assessee were covered by the expression 'business premises' as defined in the schedule, part i, paragraph b, rule 1(i), of the wealth-tax act, 1957, and thus exempt from the charge of additional wealth-tax ?'2. the matter raised here is clearly covered by the decisions of this court in cwt v. hari singh and cwt v. smt. devinder kaur . it may be mentioned that the special leave petition filed against the decision in smt. devinder kaur's case has also since been dismissed by the supreme court (see [1983] 144 itr 12). the other judgment where a similar view has been taken is that of the high court of kerala in cwt v. mrs. sara varghese : [1988]170itr436(ker) .3. the reference is thus answered in the affirmative, in favour of the assessee and against the revenue. this reference is disposed of accordingly. there will be no order as to costs.
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]125STC18(P& H)
..... state of karnataka [1985] 58 stc 65, a division the bench of karnataka high court interpreted sections 12-a and 21(2) of the karnataka sales tax act, 1957 and held as under :'the revisional power cannot be exercised in respect of a matter which falls within ..... agricultural income-tax and sales tax ..... assessment.where the assessee, a co-operative institution having a sugarcane factory, included harvesting charges incurred in the purchase of sugarcane to the factory, the assessing authority without applying his mind omitted to include those expenses in the taxable turnover, and the deputy commissioner in exercise of his powers under section 21(2) of the karnataka sales tax act set aside the assessment and directed the assessing authority to redo the assessment by including ..... in the purchase turnover, the harvesting charges incurred by the assessee.held, that since the assessing authority did not apply his mind to the disputed turnover, ..... on which the said respondent had proposed revision of assessment orders was that the amount received by the petitioner from hiring and service charges had escaped levy of tax at the hand of assessing authority and not on the ground that those orders were vitiated by any illegality or impropriety. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1984]146ITR234(P& H)
..... the commissioner of wealth-tax, patiala, being dissatisfied with the order of the tribunal applied under section 27(1) of the act of 1957, praying that the following questions of law be referred for the opinion of this court :1. ..... , the appellate tribunal was right in law in upholding the finding of the appellate assistant commissioner that the land in question was held by the assessee as business premises as defined in rule 1(1), paragraph b of the schedule to the wealth-tax act and thus exempt from the charge of additional wealth-tax on urban assets?' 5. ..... however, on considering the whole matter, the tribunal observed in its order as under :'the agricultural land owned by the assessee which is an urban asset is covered by the exemption envisaged by paragraph a(2) of schedule i, part i, inasmuch as such land was used by the assessee throughout for the purpose of profession within the meaning of rule 1, ..... the revenue then preferred an appeal to the income-tax appellate tribunal with the contention that the land belonging to the assessee is not covered by the exemption envisaged by para. a(2) of pt. ..... , the appellate tribunal was right in law in upholding the finding of the appellate assistant commissioner that the land in question was held by the assessee as business premises, as defined in rule 1(1), paragraph b of the schedule to the wealth-tax act and thus exempt from the charge of additional wealth-tax on urban assets ?' 2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H259; (1990)98PLR666
..... for these reasons;(a) the whole of the notified market area is too big an area for any effective control and supervision by a particular market committee;(b) section 6(3) read with section 10 of the act requires a licence by a dealer for doing business in the principal market yard or sub-market yard;(c) only sale or purchase of agricultural produce by way of auction taking place in the principal market yard or sub-market yard are within the purview of the rules for purposes of ..... puri's case (air 1980 sc 1008) in the following words:'but taking a reasonable and practical view of the matter and on appreciation of the true picture of justifiable and legal expenditure in relation to the market fee income, even though it had to be done on the basis of some reasonable guess work, we are not inclined to disturb the raising of an imposition of the rate of market fee up to rs ..... . to recapitulate, a number of dealers of haryana challenged the constitutional validity of the haryana rural development fund act, 1983, mainly on theground that in fact the so-called 'cess' was a 'tax'; that the state legislature was not competent to levy a tax of the present type, and that the impost could not be justified as a fee as there was no quid pro ..... . these are :(1) retail sales are outside the purview of the act; and(2) unless a separate market yard is established for timber, no market fee can be charged in regard to sale or purchase of timber.in support of point ..... . chamar-baugwala, air 1957 sc 699 (para 23);2) r. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1970]77ITR693(P& H)
..... the circumstances in which the following question of law has been referred to this court by the income-tax appellate tribunal, delhi bench 'a', at the instance of the commissioner of wealth-tax, punjab, patiala, under section 27(1) of the wealth-tax act (27 of 1957) (hereinafter called 'the act'), may first be noticed :'whether, on the facts and in the circumstances of the case, the two lands in question were agricultural lands within the meaning of section 2(e)(i) of the act on the valuation date ?'2. ..... while recognizing the force of the above expressions of opinion, we cannot press them into service in favour of the assessee for the simple reason that 'agricultural income' has been defined in the constitution itself in article 366(3) to mean agricultural income as defined for the purposes of enactments relating to indian income-tax and there is a definition of 'agricultural income' to be found in section 2(1) of the indian income-tax act. ..... the tests laid down by the andhra pradesh high court in the case of officer-in-charge (court of wards), are also helpful subject to the over-all consideration which weighed with the madras high court in t. ..... devi's case, which was approved by the supreme court in raja benoy kumar sahas roy's case, but also satisfied most of the tests laid down by the andhra pradesh high court in the case of officer-in-charge (court of wards).17. ..... awasthy is the full bench judgment of the andhra pradesh highcourt in officer-in-charge (court of wards) v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H333
..... hobba's case : [1963]49itr811(kar) has held that under section 10 of the mysore agricultural income-tax act which corresponds to section 41 of the indian income-tax act 1922 the measure of liability of the executor is co-extensive with that of the ..... bihar : [1961]42itr770(sc) , the bihar agricultural income-tax act (32 of 1948) which are almost identical with those of income-tax act 1922 held thus:--x x x x x 'when property was in the possession of the receiver common manager or administrator the taxing authorities could but were not bound to treat such persons as assesses and recover tax. ..... was further said that the petitioner's request could not be entertained because the provisional assessments under section 23-b of the income tax act 1922 had already been made according to the law before the receipt of the petitioners representation ..... : [1962]44itr876(sc) , their lordships of the supreme court at page 886 observed that under section 41 of the income-tax act it was open to the department either to tax the trustees of the trust-deed or to tax those on whose behalf the trustees had received the amount. ..... it was also stated that section 41 of the income-tax act, 1922, was an enabling section and there was noting toe compel the income-tax officer to from an assessment or to make a demand on the ..... have held that the basic idea under-lying section of the income-tax act, and which is in conformity with principle, is that the liability of the trustees should be co-extensive with that of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H36
..... on a strict construction, therefore, that sub-section cannot help the petitioner in respect of an application under section 29 (2), orissa agricultural income-tax act to state a case for the decision of the high court. ..... in all those decisions it was held that section 12(2), limitation act would apply in respect of an application to the income-tax authority to state a case under section 66(1), income-tax act. ..... but we notice that the corresponding provision in section 66, indian income-tax act as it stood prior to the amendments made in 1930 by act 22 of 1930 had been given a liberal construction by three high courts (see air 1930 pat 14; air 1928 rang 152 and air 1929 lah 170). ..... that case was also under income-tax act and the learned judges, on the point which has been debated before us, held as follows :--'thus, it will not, i think, be straining the law to hold that the main principle laid down in section 12, namely, that the period for obtaining copies shall be excluded in computing the period of limitation in certain cases has been made applicable by section 29 in the case of a suit, appeal or an application under the special law for ..... the facts of that case were that an application under section 66 (3) of the income-tax act was presented praying that the income-tax commissioner be required to refer certain question of law to the high court which arose from his order dated 17th august, 1927, passed under sub-section (2) of s. 66. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998ACJ472; AIR1996P& H256; (1996)113PLR263
..... agricultural income-tax act, 1948 and it was held therein ..... first proviso is that whereas the expression 'any person aggrieved by the award' has been used in the main sub-section, the proviso uses the expression 'by the person who is required to pay any amount in terms of such award. ..... in the present case, the language of the jub-sec, (2) of section 2 of the act is explicit and unambiguous and it is not capable of two interpretations.'12. ..... cnterlainability of the appeal has to be fulfilled by any person preferring an appeal against the award if he is required to pay any amount in terms of such award and there is no reason for the court to interpret the proviso to section 173(1) in such a manner which defeats the very purpose of incorporating the requirement of the deposit of the amount.section 173 of the act reads as under:--'173. ..... in plain words, the sub-section contemplates that the act shall not apply to a building during a period of 10 years from the date on which its ..... air 1960 sc 675, their lordshipsheld (para 9):--'that the true meaning of the section must be gathered from the expressed intention of the legislature. ..... that the building should have been constructed after the enforcement of the act and to interpret it in that way the learned counsel for the appellant seeks to interpret it, we would be adding words to the sub-section which is not permissible. ..... same rule of interpretation has been applied for interpretation of section 207-a of the code of criminal procedure in shri .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2008]297ITR370(P& H)
..... before the income-tax officer the assessee had made, inter alia, a claim that income from purchase and sale of agricultural commodities was exempt under section 81(i)(c) of the act but his decision was reversed by the appellate assistant commissioner by following the judgment of the tribunal in the case of national agricultural co-operative marketing federation ..... there was further' amendment by the income-tax (second amendment) act, 1998, substituting section 80p(2)(a)(iii) by the following:(iii) the marketing of agricultural produce grown by its members.5. ..... was exempt under section 80p(2)(a)(iii) of the income-tax act, 1961?2. ..... was exempt from payment of income-tax under section 81(i)(c) of the act and this subsidy of rs. ..... the following question of law has been referred for the opinion of this court by the income-tax appellate tribunal, chandigarh bench, chandigarh, arising out of its order dated march 23, 1988, in ..... said statement of facts, the facts noticed are:the assessee is a co-operative society deriving income from commission on sale of fertilisers and sugar on behalf of the punjab government and dealing in agricultural produce besides several other such commodities. ..... in the case of an assessee being a co-operative society, the gross total income includes any income referred to in sub-section (2), there shall be deducted, in accordance with and subject to the provisions of this section, the sums specified in sub-section (2), in computing the total income of the assessee. .....
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