Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 3 charge of agricultural income tax Court: punjab and haryana Page 7 of about 78 results (0.038 seconds)

Dr. A.S. Atwal Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Reported in : (2005)195CTR(P& H)353; [2005]277ITR462(P& H)

..... went up in appeal before the commissioner of income-tax (appeals) [for short 'the cit(a)'], who accepted the claim for exemption under section 54 of the act against the sale of plot no. 10-d. ..... , on the other hand, urged before the iac that apart from the fact that tin shed could not be treated as residential house, the exemption under section 54 was not available even otherwise, as the new house purchased at chandigarh had been let out and was not used by the assessee for his own residence ..... the ito proposed to assess the capital gain on the sale of above two plots whereas the assessee claimed exemption under section 54 of the it act, 1961 (for short 'the act'), on the ground that he had purchased a residential house at chandigarh within one year of date of sale of the ..... it is, therefore, not possible to believe that a person of the status of senior teacher in the punjab agricultural university would use such a structure for his residence especially when he has been provided residential accommodation nearby in the ..... reference was also made to the application filed by the assessee for obtaining clearance certificate under section 230a(1) of the act on 7th march, 1974, wherein the information regarding the cost of construction of the property and cost of acquisition of land was given as under :'(i) cost of land only ..... 000(ii) plus development charges paid to improvement trust ..... was allowed to retain the above plots with minor adjustments in the area subject to payment of development charges. .....

Commissioner of Income-tax Vs. Gurcharan Singh and Sons

Court : Punjab and Haryana

Reported in : [1998]234ITR214(P& H)

..... to as 'the tribunal'), has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), to this court for its opinion :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in upholding the decision of the appellate assistant commissioner that capital gains arising from transfer of agricultural land located within the municipal limits is not liable to capital gains ..... (reproduced from the headnote) :'compulsory acquisition of agricultural land under any law for the time being in force is a transfer within the meaning of section 2(47) of the income-tax act, 1961. ..... of the opinion that the sale of land situated in an urban and semi-urban area used for agricultural purposes would be agricultural income within the meaning of section 2(1) of the act and that even after the amendment of section 2(14)(iii) with effect from april 1, 1970, the income or gains arising from the sale of agricultural land within the municipal limits would not be taxable under section 45 of the act.4. ..... act, 1970, with effect from the assessment year 1970-71, certain specified lands situate in urban areas or semi-urban areas were brought within the definition of capital asset, when a capital asset is sold and if profit or gain results from such a sale, it is chargeable, not because it is revenue, but because the statute specifically charges the resulting capital gain by including it as income .....

Commissioner of Income-tax Vs. Daulat Ram Chhog Mal

Court : Punjab and Haryana

Reported in : [1998]233ITR137(P& H)

..... hands in accordance with the provisions of section 2(14) as amended with effect from april 1, 1970, of the income-tax act, 1961 ?'2. ..... the revenue, the income-tax appellate tribunal, amritsar (hereinafter referred to as 'the tribunal'), has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), to this court for its opinion :'whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in holding that capital gains arising on the transfer of agricultural lands situated within the municipal limits were not chargeable to income-tax in the assessee's ..... held as under (reproduced from headnote) :'compulsory acquisition of agricultural land under any low for the time being in force is a transfer within the meaning of section 2(47) of the income-tax act, 1961. ..... a capital asset is sold and if profit or gain results from such a sale,, it is chargeable, not because it is revenue, but because the statute specifically charges the resulting capital gain by including it as income. .....

Firm Adarsh Industrial Corporation Vs. Market Committee, Karnal

Court : Punjab and Haryana

Reported in : AIR1962P& H426

..... referring to section 67 of the income-tax act, it was observed that the assessment were made under the act, and a challenge to the assessments in a civil court was intended to be excluded. ..... for illustration reference may be made to section 29 of the east punjab holdings (consolidation and prevention of fragmentation) act (50 of 1948), section 10 of the utilization of lands act (east punjab act 38 of 1949) section 12 of punjab betterment charges and acreage act (2 of 1952), section 85 of the punjab gram panchayat act, 1952 (4 of 1953), section 76 of the punjab panchayat samitis and zila parishads act (3 of 1961), and section 47 of the indian post office act (6 of 1898).learned counsel for the parties, despite opportunity having been given, have not been able to draw our ..... '(7) the trial court expressed the view that a fee due to the market committee was recoverable as arrears of land revenue through the collector under rule 51 of the punjab agricultural produce markets rules and the fees levied by the market committee were recoverable as arrears of land revenue. ..... harnam singh, 58 pun lr 90: (air 1957 punj 58), that the summary remedy provided by section 48 must be restricted to the sums legally recoverable, that is, sums which were admitted or approved, to be due, and could not be extended to sums which were alleged or claimed to be due.(16) mr. .....

Commissioner of Income-tax Vs. Didar Singh

Court : Punjab and Haryana

Reported in : [1989]179ITR208(P& H)

..... february 28, 1970, in view of the fact that the agricultural land was brought within the definition of 'capital asset' contained in section 2(14) of the income-tax act, 1961 (for short 'the act'), by virtue of the amendment brought on april 1, ..... situation, learned counsel for the assessee raised an argument that the levy of income-tax on agricultural income derived fromsale of agricultural land would be ultra vires the legislative powers of parliament, as this matter falls within the state list and, therefore, the question of imposing tax on capital gains of sale of agricultural land under a central act would not arise, and, on this argument, the matter be decided in ..... tribunal has been right in law in holding that the cost of acquisition or the value should be ascertained as on february 28, 1970, for the purposes of capital gains in view of the provisions of section 2(14) of the income-tax act as amended with effect from april 1, 1970?'4. ..... section 45 of the act is the charging section for capital gains and this was on the statute book long before the amendment made in the definition of 'capital asset' by the finance act ..... section 45 of the act defines 'capital gains' and is the charging section ..... made of agricultural land of the kind which come within the ambit of capital asset, if made on or after march 1, 1970, would attract the provisions of section 45 of the act, the charging section, and for working out the capital gains, provisions of sections 46 to 55a of the act would become .....

Commissioner of Income Tax Vs. Smt. Savita Rani

Court : Punjab and Haryana

Reported in : (2004)186CTR(P& H)240; [2004]270ITR40(P& H)

..... the assessee has, within a period of two years after that date, purchased any other land for being used for agricultural purposes, then, instead of the capital gain being charged to income-tax as income of the previous year in which the transfer took place, it shall be dealt with in accordance with the following provisions of this section, that is to say,--- (i) if the amount of the capital gain is greater than the cost of the land so purchased (hereinafter referred ..... -section (1) of section 54b of the act, which is relevant for our purposes, reads as under:capital gain on transfer of land used for agricultural purposes not to be charged ..... concluded that the land in question not being agricultural land, exemption under section 54b of the act was not available to the assessee.3. ..... the other contentions about the land being located in the commercial area or the land having been partially utilised for non-agricultural purposes or that the vendees have also purchased it for non-agricultural purposes, are totally irrelevant considerations for the purposes of application of section 54b of the act.8. ..... was justified in holding that the conditions laid down for claiming relief under section 54b of the act stood satisfied. ..... while filing her return of income, she claimed exemption from levy of capital gains under section 54b of the act on the ground that the land sold by her was agricultural land and the sale proceeds were invested in the purchase of agricultural land within two years as under .....

Present:- Mr. Aalok Mittal Advocate Vs. Union of India and Others

Court : Punjab and Haryana

..... of a writ, order or direction especially in the nature of mandamus directing the respondents not to compel the heads of the departments of haryana agricultural university to deduct tax at source from salaries of its members by treating difference of 10% of basic salary and actual rent being paid by an employee as a perquisite under section 17 (2) (ii) of the income tax act, 1961 (hereinafter mentioned as the act).yag dutt 2013.09.13 10:58 i attest to the accuracy and integrity of this document c.w.p.no.10 of 1995 -2- counsel for the petitioner submits that as ..... members of the petitioner association have neither been provided any rent free accommodation not accommodation at a concessional rent, they are not in receipt of any perquisite which is exigible to income tax under section 17 (2) (ii) of the act. ..... order in kurukshetra university teachers association & others versus state of yag dutt 2013.09.13 10:58 i attest to the accuracy and integrity of this document c.w.p.no.10 of 1995 -3- haryana & others (2006) 206 ctr (p&h) 122 to approach the assessing authority under section 144-a of the act, for redressal of their individual grievances, if any. .....

Ajay Kumar Vs. State of Haryana and Another

Court : Punjab and Haryana

..... what can be prevented even in the firs.place by not requiring a tds to be applied for compensation relatable to section 23 (ia).23(2) and 28 of the land acquisition act, in respect of the acquisition of agricultural land, it shall not be unnecessarily gone through. ..... learned counsel for the petitioner would refer to judgment of supreme court in commissioner of income-tax faridabad versus bir singh (huf).ballabgarh. ..... any serious prejudice even if the amount ought not to have been deducted by enabling a party applying for refund, if, it might involve a large number of cases, it shall be quite unnecessary for land owners to be directed to apply for income tax for refund in every case. ..... compensation for acquired land would not suffer tax deduction at source (tds).the petition, is therefore, allowed in limine. ..... the only question raised in this petition filed under article 227 of the constitution is whether the government was justified in deducting tax at source while disbursing compensation for land acquired under the land acquisition act, 1894. ..... the impugned order deducting tax at source (p-3) before disbursement of compensation determined by the land acquisition collector, or any enhancement by court, hereby is set aside. ..... once that was so, the tax at source had been rightly deducted by the payer. . .....

Harf Charitable Trust (Regd), Malerkotla Vs. Chief Commissioner of Inc ...

Court : Punjab and Haryana

..... wherein, the application of the petitioner for grant of approval for exemption under section 10(23c)(vi) of the income tax act, 1961 (in short 'the act') has been rejected. 2. ..... these cases are disposed of making it clear that revenue is at liberty to pass fresh orders if such necessity is felt after taking into consideration the various provisions of law contained in section 10(23c) read with section 11 of the income tax act." 16. ..... an application was submitted in form 56d under section 10(23c)(vi) of the act read with rule 2ca seeking exemption from payment of income tax as per requirements and it also filed the audited balance sheets for the last 3 years plus the trust ..... it is also pertinent to note that while relying upon the earlier judgments of the apex court namely american hotel and lodging association, educational institutes' case (supra) and keeping in view the provisos of the sections in mind especially 13th proviso which provided that after giving a reasonable opportunity, the approval granted to the trust could be withdrawn if it is found that the activities are not genuine or in accordance with any of the ..... run, develop and improve, extend, grant donations in cash and kind and assist in the establishment, running, development, improvement and extension of schools, colleges, workshop, industrial and technical schools, institutions for the promotion of agriculture, hostels for the benefit of needy students, maintain agriculture farms for the benefit of the poor. .....

Commissioner of Income-tax Vs. Smt. Shubh Lata

Court : Punjab and Haryana

Reported in : [1998]234ITR153(P& H)

..... it was held as under (reproduced from the headnote) :'compulsory acquisition of agricultural land under any law for the time being in force is a transfer within the meaning of section 2(47) of the income-tax act, 1961. ..... following the view taken by this court in tuhi ram's case , it is held that the tribunal was not right in law in holding that the capital gains arising on the transfer of agricultural land situated within the municipal limits was not chargeable to income-tax in the assessee's hands and the question referred to us is answered in the negative, i.e. ..... at the instance of the revenue, income-tax appellate tribunal, amritsar bench, amritsar (for short 'the tribunal'), has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in upholding the decision of the appellate assistant commissioner that capital gains arising from transfer of agricultural land located within the municipal limits is not liable to capital gains tax ?'2. mr. ..... the resultant income is not agricultural income. ..... when a capital asset is sold and if profit or gain results from such a sale, it is chargeable, not because it is revenue, but because the statute specifically charges the resulting capital gain by including it as income. .....