Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 36 income escaping assessment Court: andhra pradesh Page 11 of about 997 results (0.142 seconds)

Mohammed Ziaul HussaIn Vs. Apseb and ors.

Court : Andhra Pradesh

Reported in : 2002(6)ALD601; 2003(2)ALT169

..... , a different commodity or item may come into existence and even though a different commodity may come into existence, it would still be an 'agricultural produce'. the decision in commissioner of income-tax v. soundarya nursery (supra) is a direct decision on the point involved in this case wherein it was held that if the plants sold ..... garden land. the submission is that there could not be any cultivation in garden land. section 21)(a) of the act defines agriculture as also including horticulture or raising of crops, grass or garden produce. hence, agriculture also includes horticulture and raising of garden produce.'the learned counsel for the petitioner has also relied upon the judgment of ..... is admixture of two or more items and would also include any such item in a processed form. it makes no difference, for the purposes of the act, that the concerned item is a different commodity from the one which is included in the schedule. it is possible that by virtue of an admixture of .....

Mudiam Oil Co. and ors. Vs. Income-tax Officer and ors.

Court : Andhra Pradesh

Reported in : [1973]92ITR519(AP)

..... under entry 82 in list i of the seventh schedule to the constitution. entry 82 relates to 'taxes on income other than agricultural income'. according to the learned counsel, the impugned provisions result in taxing the gross receipts in respect of income in the guise of disallowing the expenditure. we are unable to agree with the learned counsel. the ..... obul reddi, j.1. in these two writ petitions, the constitutional validity of section 40a(3) and (4) of the income-tax act, 1961 (hereinafterreferred to as 'the act'), has been questioned on two grounds: (1) that it is ultra vires the powers of parliament under entry 82, list i of the seventh schedule to ..... that an assessee is entitled to deduction as a matter of right.deduction claimed must be allowable as deduction under the provisions ofthe act. it is for the assessee to satisfy the income-tax officer that theexpenditure in respect of certain items has to be taken into account forpurposes of deductions.11. it was also contended that .....

Principal Commissioner of Income Tax Vs. M/S G.K. Properties Private L ...

Court : Andhra Pradesh

..... of sale of agricultural lands was negatived by the assessing officer and the same came to be confirmed even after the stage of ..... - department, in brief, is that the assessee had purchased agricultural lands with a clear intention to trade in buying and selling of agricultural lands, construction of residential and commercial complexes, leasing and trading in shares and securities and also leasing agricultural land. in the process of completing assessment under section 143(3) of the income tax act,, the exemption claimed with respect to the capital gains .....

M/S. Gmmco Limited, Plot No.59, Pandt Colony Vs. State of A.P. Rep by ...

Court : Andhra Pradesh

..... act, and this task is entrusted to the revenue. if, due to the order of the officer, the revenue is losing tax lawfully payable by a person, it will certainly be prejudicial to the interests of revenue. (malabar industrial co. ltd. v. commissioner of income tax5; and bismillah trading co. v. intelligence officer, squad no.ii, agricultural income tax ..... and sales tax6). in venkatakrishna rice company v. commissioner of income tax7, the division bench of the madras high court held that the expression ..... ample jurisdiction to cancel the assessment and may initiate proceedings for assessment under the provisions of the act against some other assessee who according to the income-tax authorities is liable for the income thereof....." (emphasis supplied). the phrase 'prejudicial to the interests of revenue' is not an expression .....

Dr.D.Siva Sankara Rao Vs. Income Tax Officer, Ward-2, Eluru

Court : Andhra Pradesh

..... sri justice m.s.ramachandra rao): this appeal is filed under section 260-a of the income tax act, 1961 (for short 'the act') by the assessee challenging the order dated 16-03-2007 in i.t.a.no.8/vizag/2006 of the income tax appellate tribunal, "smc", visakhapatnam relating to the assessment year 2002-2003.2. the kartha of ..... return for the assessment year 2002-2003, the assessee admitted taxable income of rs.82,000/- and agricultural income of rs.1.00 lakh. the assessee showed that the said income was from house property, money lending and other sources.3. notice under section 143 (2) of the act was issued to the assessee in response to which the kartha ..... a particular date, to gift such sums to their daughter (the creditor); and that the claim of having owned agricultural lands for leasing in connection with the fish ponds/tanks does not of itself establish that agricultural income, if any, had been accumulated over and above the expenditure for various purposes, so as to donate such sums .....

Assistant Commissioner of Income-tax Vs. Poorna Cine theatre (P.) Ltd. ...

Court : Andhra Pradesh

Reported in : (1994)120CTR(AP)354; [1996]220ITR361(AP)

..... special judge for economic offences has filed this appeal against the judgment dated august 26, 1992, acquitting the respondents of offences under sections 276c and 277 of the income-tax act, 1961.2. the case against the respondents was in brief as follows : the first respondent was a private limited company carrying on business in exhibition and distribution ..... nos. 2 to 5 are its directors. the first respondent filed its return of income for the assessment year 1985-86 showing loss. in that return filed by r-1, a sum of rs. 1,60,000 is shown as agricultural income and as having incurred some loss on account of purchase of leasehold rights of a ..... name 'monagadu vastunnadu jagratha' from gandhi theatres (p.) ltd. the assessing authority disallowed the income shown as agricultural income and ordered the same to be treated as taxable income on the ground that r-1 company had not carried on any agricultural operations and that the lease and sub-lease are only in the nature of adventure in trade .....

Chintalapudi Ranganayakulu and Another Vs. Commissioner of Income-tax, ...

Court : Andhra Pradesh

Reported in : [1964]51ITR276(AP)

..... paid by the assessee to the jagirdar and the government each year were revenue expenditure allowable under section 10 (2) (xii) of the hyderabad income-tax act corresponding to section 10 (2) (xv) of the indian income-tax act, 1922. it was held by the majority consisting of kapur and hidayatullah jj. that :'..... the assessee acquired by his long-term lease the ..... for the acquisition of the mining rights for that period also and must be held to be capital expenditure not allowable under section 10 (2) (xv) of the income-tax act. this result appears to follow from the reasoning in the decision in robert addie & sons collieries ltd. v. commissioners of inland revenue. in that case, under the ..... damaged by its workings, or, at its option, to pay the lessor for all such ground not so restored, at the rate of thirty years purchase of the agricultural value thereof. in the exercise of its option, the company paid the lessor a sum of pound 6,104 as representing the value of the damaged lands. it .....

Parimi Venkatasubba Rao Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1972]85ITR145(AP)

..... his agricultural income. taking into account all these circumstances the income-tax officer held that the estimate of the money-lending capital at rs. 1,50.000 was correct. the appellate assistant commissioner agreed with the income-tax officer that it was a clear case for the application of the proviso to section 13 of the indian income-tax act, 1922 ..... . he, however, thought that the estimate of capital may be reduced to rs. 1,00,000. on further appeal by the assessee the income-tax appellate tribunal upheld the estimate of the appellate assistant commissioner observing, however, that ..... not prepared to agree with the learned counsel. it is now well-settled that the principle of res judicata is not applicable to decisions of the income-tax authorities. 'the assessment is final and conclusive between the parties only in relation to the assessment for the particular year for which it is made. .....

Commissioner of Income T Vs. A.Vijay Kum

Court : Andhra Pradesh

..... of an agricultural land. similar claim was made in respect of ac.5.71 cents of land dealt with by a huf, of which the respondent is the karta. the assessing officer accepted the claim of the respondent and passed an order of assessment. the commissioner of income tax exercised his powers under section 263 of the income tax act, 1961 (for short the act) and issued ..... section 2(47)(v) of the act. therefore, the respondent has acquired a right to transfer the same atleast from the point of view of income tax. the sale proceeds to the extent of the share of the respondent would certainly answer the description of capital gains. however, the classification of the land as the one of agricultural in nature, exempts the assessee from .....

S. Rama Rao and ors. Vs. the Jawaharlal Nehru Technological University ...

Court : Andhra Pradesh

Reported in : AIR1978AP264

..... applying a particular law reasonable classification is permissible. it does not mean anything more.'57. justice k. subba rao (as he then was) observed in khandige sham bhat v. agricultural income-tax officer, : [1963]3scr809 thus:' ... ... ... it is not the phraseology of a statute that governs the situation but the effect of the law that is decisive. if ..... members of the staff of the university. the classification made therein is not in accordance with s. 23 (i) and is therefore ultra vires of the act. while the act lays down that the university staff should be divided into two categories of teaching and other staff, statute xiv-(1) divides the university staff into five ..... the majority in the house of lords that the court will only interfere if the minister is shown to have gone outside the four corners of the act or has acted in bad faith.'25. dealing with the 'construction of delegated legislation' at page 79 the learned author observed thus:----'thus ordinary rules for the construction .....