Court : Chennai
Reported in : AIR1964Mad556
..... out the ratio of the decision in its proper perspective'in the case of composition of agricultural income-tax under section 65 of the madras agricultural income-tax act, firstly, there is no assessment of income, and secondly, there is no assessment to tax. that seems to be inherent in section 65 ;i the act and that position is further clarified by sub-section (4) of section 65 which states ..... minor muslim represented by his mother and guardian one ayesha beevi. the minor owns agricultural lands in tanjore district. an application was filed before the agricultural income-tax officer on his behalf for composition of the tax under section 65 of the madras agricultural income-tax act 1.955 which will be referred to as the act in this judgment, for the assessment year 1958-59. the application was successful .....
Tag this Judgment!Court : Chennai
Reported in : [2001]247ITR521(Mad)
..... ' is not included in the computation of income of the assessee relatable to the previous accounting ..... agricultural income-tax act, 1955) under entry 46 of list ii of the seventh schedule.22. from this, it is crystal clear that the purpose for which the income-tax act was enacted was to tax income, other than 'agricultural income' and the purpose of the enactment of the tamil nadu agricultural income-tax act was to tax 'agricultural income' and nothing further. it is in this view of the matter that in section 10(1) of the income-tax act, 'agricultural income .....
Tag this Judgment!Court : Chennai
Reported in : [1999]240ITR232(Mad)
..... ever be construed to be an agricultural income in the computation of the income of the assessee relatable to the relevant assessment years for the purpose of agricultural income-tax. 21. section 2(a) of the tamil nadu agricultural income-tax act, 1955 (tamil nadu act v of 1955-for short 'the act'), defines 'agricultural income' as below : '2. definitions. - in this act, unless the context otherwise requires - (a) 'agricultural income' means - (1) any rent or revenue ..... derived from land; (2) any income derived from such land in the state by - (i .....
Tag this Judgment!Court : Chennai
Reported in : (2001)162CTR(Mad)525
..... holding that the whole of the amount of compounding fee received by the assessee during the year constitute agricultural income which is exempt from taxation under section 10(1) read with section 2(1) of the income tax act, 1961'. ?the assessment year is 1977-78.2. the assessee is the tamil nadu forest ..... income from agricultural land.3. the privy council in the case of cit v. raja bahadur kamakhaya narayan singh & ors. (1948) 16 itr 325, the earliest decision on what constitutes agricultural income, has pointed out that the word 'derived' used in the definition of agricultural income in the act would necessitate an enquiry into the genealogy of the income claimed as agricultural income ..... had held that the dividend received from a company having tea plantation did not constitute agricultural income as such dividend could not be regarded as income derived from the land. in the case of state farming corporation v. cit : [1990]181itr271(ker) it was held by the kerala high court that the .....
Tag this Judgment!Court : Chennai
Reported in : [1986]157ITR500(Mad)
..... have been wrongly assessed in the status of tenants-in-common and, therefore, initiated suo motu revisional proceedings under section 34 of the travancore-cochin agricultural income-tax act, 1950, to set aside the said orders of the agricultural income-tax officer for the two assessment years and to pass revised assessments for those years in the name of the eldest brother in the status of a ..... for the assessment years 1970-71 and 1971-72 had been made only under the travancore-cochin agricultural income-tax act, 1950, that for taking subsequent action for those assessment years, the provisions of the travancore-cochin agricultural income-tax act can alone be applied. he also held that the assessments made under the travancore-cochin agricultural income-tax act are final subject to a revision under the provisions of the said .....
Tag this Judgment!Court : Chennai
Reported in : [1993]199ITR155(Mad)
..... raise a common question of law under the tamil nadu agricultural income-tax act, 1955 (hereinafter called the 'act'), and, therefore, we proceed to pass a common order. 2. the agricultural income-tax officer passed separate orders against each of the petitioners herein under section 65 of the act permitting them to compound the agricultural income-tax on the extent of lands held by them for the assessment year 1983-84 in ..... some cases and 1984-85 in some other cases. the commissioner of agricultural income-tax issued a show-cause notice under section 34 of the act proposing to cancel the said order of the agricultural income-tax officer granting permission to compound the agricultural income-tax under section 65 of the act. in the show-cause notice, it is stated that m/s. kamadhenu estate consisting of .....
Tag this Judgment!Court : Chennai
Reported in : [1973]87ITR444(Mad)
..... the original order of assessment, by filing-a regular appeal under section 31 of the madras agricultural income-tax act, 1955. he did not, however, question the finality of that portion of the original order inland by which the notional income reckoned by the officer and relatable to the occupation of the buildings in the estate was ..... the date when the revision petition was presented under section 34 of the act and the date of the original order. the question, however, is whether, in the circumstances stated above, the petitioner can invoke the revisional jurisdiction of the commissioner of agricultural income-tax and call for a decision.3. i may, at once, state ..... the commissioner as the revisional authority under section 34 of the act, he was of the view that such income was assessable income. he also held that as the petitioner did not agitate the question whether such notional income could be brought to tax at all as agricultural-income, he cannot give a decision on it. in this view, .....
Tag this Judgment!Court : Chennai
Reported in : [1974]96ITR165(Mad)
..... of the decisions of the supreme court which considered similar questions.8. in travancore rubber & tea company v. commissioner of agricultural income-tax, : [1961]41itr751(sc) the supreme court was considering section 5(j) of the travancore cochin agricultural income-tax act, 1950, which reads as follows:' the agricultural income of a person shall be computed after making the following deductions, namely :--...... (j) any expenditure (not being in the ..... , therefore, for consideration in these two revisions is as to whether the above-said items of expenditure are admissible deductions under section 5(e) of the madras agricultural income-tax act, 1955.5. section 5(e) of the act is as follows :' any expenditure incurred in the previous year (not being in the nature of a capital expenditure or personal expenses of the assessee) laid .....
Tag this Judgment!Court : Chennai
Reported in : [1977]110ITR751(Mad)
..... laid down by this court in the above decisions.'10. we may mention that section 19 of the assam agricultural income-tax act corresponds to section 16 of the tamil nadu agricultural income-tax act and section 30 of the assam act corresponds to section 35 of the tamil nadu act.11. in view of these decisions, we are clearly of the opinion that the conclusion of the tribunal is ..... relevant to the previous years, no assessment could have been made without reference to section 35 of the tamil nadu agricultural income-tax act, 1955 (hereinafter referred to as 'the act'). the tribunal accepted this contention and allowed the appeals preferred by the respondent herein. hence, the present tax revision petitions by the state.2. it is necessary to refer to the relevant provisions of the .....
Tag this Judgment!Court : Chennai
Reported in : [1998]234ITR252(Mad)
..... hand, it is well known that tax on 'agricultural income' can be levied only by the state leaving the 'non-agricultural income' to be taxed by the union. art. 336(1) of the constitution of india defines 'agricultural income' thus : ''agricultural income' means agricultural income as defined for the purposes of the enactments relating to indian income-tax :' while so, the central act, viz., the it act, 1961, defines the term 'agricultural income' under s. 2(1) thereof. the ..... definition found in the above said s. 2(1) of the it act, 1961, has to be adopted in construing the said term .....
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