Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 3 charge of agricultural income tax Court: punjab and haryana Page 6 of about 78 results (0.415 seconds)

Commissioner of Income-tax Vs. Haryana State Co-operative Supply and M ...

Court : Punjab and Haryana

Reported in : (1989)79CTR(P& H)94; [1990]182ITR53(P& H)

..... the controversy here is with regard to the interpretation of the provisions of section 80p(2)(a)(iii) of the income-tax act, 1961 (hereinafter referred to as 'the act'), which reads as under :'80p. ..... the profits earned by the assessee-federation, by sale of agricultural produce, were thus deleted from the total income of the assessee, it is in this context that the following question has been referred for the opinion of this court :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in exempting from income-tax the income of rs. ..... the income-tax officer preferred the former view, namely, that only agricultural commodities produced by the members themselves were entitled to exemption, and accordingly disallowed the exemption claimed by the assessee- ..... it is keeping this aspect in view that we are, with respect, constrained to differ from the view expressed therein and to prefer instead to follow the judgment of the high court of delhi in national agricultural co-operative marketing federation ltd, (itr no, 241 of 1975--15-4-1981) and that of the high court of gujarat in karjan cooperative cotton sale, ginning and pressing society ltd. ..... was held that the words used in section 80p of the act were not 'agricultural produce grown by its members' and, therefore, so long as the commodity brought to the assessee-society was agricultural produce and the produce belonged to its members, it was the agricultural produce of its members. .....

Sandeep Kumar Garg and Co. Vs. Income Tax Officer

Court : Punjab and Haryana

Reported in : (2006)205CTR(P& H)95; [2008]298ITR106(P& H)

..... has approached this court by raising the following substantial question of law arising out of order passed by income-tax appellate tribunal, chandigarh bench, chandigarh (for short 'the tribunal') passed in ita no. ..... assessee failed to declare the amount received from xen, haryana state agricultural marketing board, karnal in his receipts, accordingly a notice under section 148 of the act was issued on 22nd feb. ..... since the assessee concealed the particulars of his income, proceedings under section 271(1)(c) of the act were initiated for levy of penalty and after due opportunity to the assessee, the ito levied a ..... even otherwise in the case in hand, the income which was finally assessed; is more than what was declared by the assessee in response to notice under section 148 of the act so the mens rea for concealment is clear on the ..... 2,00,300 by the commissioner of income-tax (appeals) [for short 'the ..... we have also considered the submission of the learned authorised representative that mens rea in this case of concealing the income is not proved, as the assessee had itself shown more receipts in case of one party against less receipt in case ..... even in response to notice under section 148 of the act, the income declared was 1,50,070, whereas it was finally ..... completed under section 143(3) of the act on 11th march, 1991 at a total income of rs. ..... the plea that the assessee had no intention to conceal income is only based on the submission that the same was erroneously left due to a mistake .....

Sudesh Rani and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

..... boys girls overall all(a) campus 3842 3742 7584 90 31 121 2.34 0.83 1.6(b) regionalcentres 491 182 673 38 23 61 7.74 12.64 9.06total (a+b) 4333 3924 8257 128 54 182 2.95 1.38 2.2punjab agricultural university ludhiana.total enrollment rural studentsnumber percentageboys girls over boys girls over all boys girls overall all(a) campus 1102 778 1880 55 34 89 4.99 4.37 4.73note: universities of punjab here means four universities ..... income tax act, ..... as per the said study, in the four universities in the region, namely-panjab university, chandigarh, punjabi university, patiala, guru nanak dev university, amritsar; and punjab agricultural university, ludhiana, along with their regional centres, total number of students was 22,360 and proportion of rural students in the afore-said universities and the regional centres constituted ..... fees and funds charged by these for-profit institutions has certainly accelerated the 'exclusion process' of students belonging to the weaker sections of society (students of scheduled castes, backward classes, rural areas, landless agricultural workers, marginal, small ..... (37.50 per cent), anthropology (10.59 per cent), education & community services (9.52 per cent), public administration (8.60 per cent) and punjabi (8.47 per cent); and punjab agricultural university - departments of family resource management (36.36 per cent; 4 rural students out of 11), plant pathology (33.33 per cent; 5 rural students out of 15), veterinary anatomy & histology (33.33 per cent; .....

Karnail Singh Vs. State of Haryana

Court : Punjab and Haryana

Reported in : [2009]184TAXMAN257(Punj& Har)

..... with the grievance that as per section 194la of the income-tax act, 1961 (for brevity, 'the act') payment of compensation or enhanced compensation or the consideration or the enhanced consideration on account of compulsory acquisition of agricultural land could not be subjected to deduction of an amount equal to 10 per cent of such sum as income-tax. ..... considered by the central government;now, therefore, in exercise of the powers conferred by item (b) of clause (ii) of the proviso to sub-clause (c) of clause (1a) and item (b) of sub-clause (iii) of clause (14) of section 2 of the income-tax act, 1961 (43 of 1961) and in supersession of the notification of the government of india in the erstwhile ministry of finance (department of revenue and insurance) no. ..... central government in exercise of the powers conferred by item (b) of clause (ii) of the proviso to sub-clause (c) of clause (1a), and item (b) of sub-clause (iii) of clause (14) of section 2 of the income-tax act, 1961 (43 of 1961), in the gazette of india, extraordinary, part ii, section 3, sub-section (ii), dated 13-2-1991 under the notification of the government of india in the ministry of finance (department of revenue) no. ..... it would fall within the mischief of section 4 of the act which is a charging section. ..... aforesaid question would depend upon as to whether interest is regarded as revenue receipt attracting the charging section of the act or it could be described as damages or compensation in lieu of the owner's right .....

Cit Vs. Market Committee

Court : Punjab and Haryana

Reported in : [2007]294ITR563(P& H)

..... of learned counsel for the petitioner, namely, that the respondent-market committee is a charitable trust within the meaning of section 11 of the income tax act, we are satisfied, that the determination by the income tax appellate tribunal, delhi bench, that the application submitted by the market committee, dhariwal, under section 12a of the income tax act, deserved to be accepted, and that, the market committee, dhariwal, deserved to be registered under section 12aa of the income tax act, is fully justified and is in consonance with the provisions of the ..... no broker, weighman, measurer, surveyor, godown-keeper or other functionary shall, unless duly authorised 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 licenced under the punjab warehouses act, 1957 (punjab act no. ..... of income and expenditure have not been rendered to the authority prescribed under clause (v) of sub-section (5c) of that section, in the manner specified in that clause, or which has been utilised for purposes other than providing relief to the victims of earthquake in gujarat or which remains unutilised in terms of sub-section (5c) of section 80g and not transferred to the prime minister's national relief fund on or before the 31-3-2004, shall be deemed to be the income of the previous year and shall accordingly be charged to tax.42. .....

Punjab State Co-operative Supply and Marketing Federation Ltd. Vs. Com ...

Court : Punjab and Haryana

Reported in : (1980)18CTR(P& H)71; [1981]128ITR189(P& H)

..... exempt under section 81(i)(d) of the income-tax act, 1961 ..... to its members; or (b) a society engaged in a cottage industry; or (c) a society engaged in the marketing of the agricultural produce of its members ; or (d) a society engaged in the purchase of agricultural implements, seeds, livestock, or other articles intended for agriculture for the purpose of supplying them to its members; or (e) a society engaged in the processing, without the aid of power, of the agricultural produce of its members; or (f) a primary society engaged in supplying milk raised by its members to a federal milk co-operative ..... later than two months succeeding the month to which the sales relate, failing which an interest at the rate of 6% per annum will be charged from the federation for the sums not deposited within the aforesaid period from the 1st of the month to which the sales relate to the date ..... than two months succeeding the monthto which the sales relate, failing which an interest at the rate of 6% perannum will be charged from the assessee for the sums not deposited withinthe aforesaid period from the 1st of the month of the sales, to the ..... of the assessee that from this account, the assessee had to meet interest charges and the cost of the staff employed in the office of the registrar and ..... (a) for the sale of fertilizers, other than nitrogenous fertilizers, the federation shall not charge a price exceeding the pool price plus the distribution margin, as laid down in the schedule to the agreement .....

Sonepat Co-operative Marketing Society Ltd. Vs. Income Tax Appellate T ...

Court : Punjab and Haryana

Reported in : (1997)138CTR(P& H)163

..... down that where any deduction is required to be made under any section in chapter vi-a under the heading 'c-deductions in respect of certain incomes' in respect of any income of the nature specified in that section which is included in the gross total income, then, notwithstanding anything contained in that section, for the purpose of computing the deduction under that section, the amount of income of that nature as computed in accordance with the provisions of the act (before making any deduction under chapter vi-a) shall alone be deemed to be the ..... 256(2) of the it act, 1961 (hereinafter referred to as the act) for a direction to the income-tax appellate tribunal, delhi bench, new delhi, (here in after referred to as the tribunal) to refer the following question of law to this court stated to be arising from the order of the tribunal dt. ..... assessee is a co-operative marketing society engaged in the sale of agricultural produce to its members and is providing agricultural inputs to its members and also to others. ..... it was held that where the assessee incurred expenses in the course of business and some of its income was not liable to income-tax but the business was individual, the whole of expenses had to be allowed. ..... 1982-83, assessee filed its return of income-tax of rs. .....

Bhupinder Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : (1995)111PLR387

..... . agricultural income tax officer, (1963) ..... 2 of 1994, was repealed, section 3 of the principal act was substituted providing as follows:-'levy of tax - except as otherwise expressly provided in this act, there shall be levied, charged and paid to the state government an entertainment tax on the gross collection capacity of cinematograph show held in a cinema house, specified in column 2 of the table given below and located in the area specified in the corresponding entry in column 1 of the said table and calculated ..... wherein justice stewart, speaking for the majority has observd : 'no schme of taxation, whether the tax it imposed on property, income or purchases of goods and services, has yet been devised which is free of all discriminatory ..... the commissioner of income tax, bombay city ..... commissioner of income tax, bombay city ..... may be predicated of unproductive agricultural land that it is incapable of being put to profitable agricultural use at any time ..... been next contended that as the amending provisions are likely to result in loss of income to the petitioners, the same being unreasonable are liable to be quashed/modified ..... wherein it was held :-'no rule or law can be declared to be unreasonable merely because there is a reduction in the income of a citizen on account of the regulation of the business.'48 ..... the decrease in income of the petitioners is stated to be no ground to challenge the vires and constitutionality of a legislative act, particularly when the legislature's competence .....

High Court of Punjab and Haryana at Vs. Commissioner of Income Tax, Ch ...

Court : Punjab and Haryana

..... subsequently, on the basis of proceedings initiated for the assessment year 2003- 04, they received notices on 05.05.2006 under section 148 of the income tax act, 1961 (in short, the act ) alleging that they had purchased two-third share in sco no.60-61, sector 17-d, chandigarh for a consideration of rs.85 lacs as per the ita no.54 of 2012.doc -2 agreement to sell dated 14.10.1999 but the sale deed was got registered at rs.19.20 ..... the reasons to be assigned by the ao are always open to the judicial review by a court.1 (11).with reference to the scope of jurisdiction exercisable under section 147 as it stood prior to 01.04.1989, it was ruled that the assessing officer was required to satisfy the twin test that (i) he has reason to believe that income, profits or gains chargeable to income tax have escaped assessment; and (ii) that such escapement has occurred by reason of either omission or failure on the part of the assessee to disclose ..... (2).the facts giving rise to these appeals are that the assessees (husband and wife) filed their separate returns of income declaring business income, long term capital gains and agricultural income for the assessment year 2000-01. ..... in the case before the delhi high court, the ao relied upon a mou of an agricultural land which was eventually not sold to the assessees and the vendee was not party thereto. .....

State of Punjab and ors. Vs. S. Kehar Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1959P& H8

..... the result was that some of the persons could be dealt with under the provisions of the act of 1947, at the choice of the commission, though they could also be proceeded with under the provisions of section 34 of the income-tax act.it was observed that it was not possible to hold that all such persons who evaded payment of income-tax and did not truly disclose all particulars or material facts necessary for their assessment, by themselves formed a class distinct from ..... 'with regard to the orissa agricultural income-tax (amendment) act 1950, the supreme court decided that it was not colourable legislation, the test being that although it might appear on scrutiny that the real purpose of a legislation was different from what appeared on the face of it, ..... maxims it is stated that the said maxim admits of familiar illustration in the power which a tenant in fee-simple possesses over the estate held in feel for he may either grant to another the whole of such estate, or charge it in any manner he thinks fit, or he may create out of it any lesser estate or interest.there can be no doubt that generally speaking part is inducted in the whole, but in the present case it has to be seen whether a piece of land ..... in order to decide the validity and constitutionality of the punjab consolidation of land proceedings (validation) act, 1957, which has been referred for decision to the full bench it is unnecessary to restate the facts which have already been set out in the referring order. .....