Court : Kerala
Reported in : (1991)100CTR(Ker)27; [1992]198ITR611(Ker)
..... . 3,66,649 was received and credited by the assessee-company as damages and compensation realised for the loss of agricultural income and the receipt was only agricultural which could not be brought to tax under the income-tax act. the assessee had offered the said income for agricultural income-tax assessment and the sum of rs. 3,66,649.29 was credited to the trading account of the company under ..... amount so received should have been held to be 'agricultural income' and not as 'income from other sources' taxable under the income-tax act.5. we will first deal with the plea based on the jurisdiction of the commissioner of income-tax to revise an assessment under section 263 of the income-tax act. section 263 of the act enables the commissioner of income-tax to examine the record of any proceeding under the .....
Tag this Judgment!Court : Kerala
Reported in : (1996)132CTR(Ker)400; [1996]219ITR437(Ker)
..... the question is already answered that the sale proceeds of the old and unyielding rubber trees were capital receipts and not taxable as agricultural income under the kerala agricultural income-tax act, 1950.8. in view of the above decision, this question also will have to be understood as a closed chapter requiring answer ..... deduction ? 4. whether the compensation received by the assessee from the, kerala state electricity board for cutting their rubber trees in the plantation is agricultural income assessable under the agricultural income-tax act ?' 2. however, the reference came to be placed before the full bench by an order of reference dated june 4, 1992. accordingly, ..... : [1993]204itr349(sc) relating to the true and correct meaning of the words 'for the purposes of deriving agricultural income', which refers to its position in section 5(j) of the kerala agricultural income-tax act, 1950. in regard to this case, it is already observed that it will not be different from the words used .....
Tag this Judgment!Court : Kerala
Reported in : [1993]201ITR408(Ker)
..... of the decision of the supreme court in s. sanhappa v. ito : [1968]68itr760(sc) , the proceedings taken for rectification of assessment to tax under section 36 of the kerala agricultural income-tax act should be held to be 'proceedings for assessment'. the above decision was followed by the supreme court in kishanlal haricharan v. ito : [1972] ..... case, the tribunal is justified in holding that the orders passed under section 36 of the agricultural income-tax act is to be read with the original order under section 18 and that orders under section 36 of the agricultural income-tax act can be treated only as part of the original orders ? 2. whether the tribunal is ..... justified in holding that .orders under section 36 of the agricultural income-tax act are appealable?'2. the respondent was assessed for and on behalf of .....
Tag this Judgment!Court : Kerala
Reported in : [1997]223ITR257(Ker)
..... this is a revision application under section 78 ofthe agricultural income-tax act, 1991, against an order of the deputy commissioner (appeals), agricultural income-tax and sales tax, kollam, datedseptember 30, 1991, whereby the appellate authority dealing with thepenalty proceedings, while confirming the proceedings modified its levyas the taxing officer had imposed it for the period prior to ..... under the situation. the plain language of the relevant statutory provision (section 17a) of the agricultural income-tax act, 1950, is available through the relevant statutory provision and it is section 17a(3) of the said act. it is necessary to be reproduced and it is as follows :' if any person fails ..... being heard.9. although in a different context dealing with the situation of penalty under section 271(1)(a) of the income-tax act, the supreme court in gujarat travancore agency v. cit : [1989]177itr455(sc) has observed that the intention is to create a civil obligation and, therefore, the need .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker111
..... anything else.' an excise duty as for example under the central excises and salt act, 1944 is not a tax on income. as stated by the privy council in air 1945 pc 98 an excise duty is 'a tax upon goods.' 8. section 5 of the agricultural income tax act, 1930, provides that the agricultural income of a person shall be computed after making the deductions enumerated therein. one of ..... the deductions enumerated is: 'any tax, cess or rate paid on the cultivation or sale of the crop from which agricultural incomeis derived' (section 5(ii) (ii) ).according to .....
Tag this Judgment!Court : Kerala
Reported in : [1964]53ITR589(Ker)
..... assessment of the undivided hindu family to which the appellant belongs, to super-tax under the agricultural income-tax act, 1950.the assessment year is 1959-60. the assessment order dated 29th november 1961, fixed the net assessable income of the undivided hindu family at rs. 1,50,429.section 3(4) of the agriculture income-tax act, 1950, provides :'in the case of an undivided hindu family consisting of ..... to firms will not apply thereto by virtue of section 44.'we do not see anything in section 3(4) of the agricultural income-tax act, 1950, which by its nature precludes the application of the sub-section to the charge of super-tax. the contention of the department is that the rule of harmonious construction requires us to say that sub-section (4) of .....
Tag this Judgment!Court : Kerala
Reported in : [1992]196ITR755(Ker)
..... that the amount obtained by the assessee by way of selling rubber trees from the estate, sold for the purpose ofreplanting, did not constitute agricultural income within the meaning of section 2(1) of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that cost ..... and 1980-81 ? 3. whether, on the facts and in the circumstances of the case, rubber replantation subsidy received by the assessee is a revenue receipt under the income-tax act, 1961, for the assessment year 1979-80 ? 4. whether, on the facts and in the circumstances of the case, the assessee is entitled to claim' deduction ..... gains to rs. 1,14,400. from the said orders, the assessee filed appeals before the income-tax appellate tribunal. the appellate tribunal negatived the plea of the assessee that the income arising from the sale of trees is agricultural income. it further held that capital gains is exigible on the sale of rubber trees--capital asset in .....
Tag this Judgment!Court : Kerala
Reported in : (2006)201CTR(Ker)499
..... in view of the circular as noticed above, a direction was given to the assessing authority to verify whether the petitioners had paid agricultural income-tax in respect of the entire income pursuant to the assessment order passed under the agrl. it act and if the petitioner had paid the entire amount, no further action is called for against the petitioners. even in such cases, it ..... op no. 9810/1999 and connected cases, considered this question and held that if, as a matter of fact, petitioners have already paid agricultural income-tax in respect of the income sought to be assessed under section 143(3) of the act and any demand is raised, it will certainly cause prejudice to the petitioners, particularly when payments were made to the agrl. it department .....
Tag this Judgment!Court : Kerala
Reported in : (1992)103CTR(Ker)195; [1993]199ITR383(Ker)
..... of kerala v. bhavani tea co. ltd.) ' 2. the respondent is an assessee, assessed in the status of 'tenants-in-common ', under the kerala agricultural income-tax act. we are concerned with the assessment year 1978-79 for which the accounting period was july 1, 1976 to june 30, 1977 (1976-77). amongst others, the ..... the ' mercantile basis '. it is also common ground that the sale of coffee is regulated by the coffee act, 1942. analysing the provisions of the coffee act, 1942, in the light of the madras plantations agricultural income-tax act, 1955, the supreme court of india in state of kerala v. bhavani tea produce co. ltd. : [1966 ..... by the deputy commissioner (appeals), by his order dated august 25, 1983. the assessee carried the matter, by way of second appeal, before the kerala agricultural income tax appellate tribunal, additional bench, kozhikode. against certain allowances upheld by the first appellate authority, the revenue had also filed an appeal before the appellate tribunal. .....
Tag this Judgment!Court : Kerala
Reported in : [1994]210ITR91(Ker)
..... ) and the notice was clearly bad.'13. in commissioner of agrl i. t. v. amalgamated coffee estates ltd : [1962]45itr348(ker) , a notice under section 35 of the madras plantations agricultural income-tax act, 1955, which did not give thirty days' time to give particulars was held defective and the reassessment made pursuant thereto, illegal and void. george (t. a.) v ..... , 1992, from the inspecting assistant commissioner (agricultural income-tax and sales tax), kottayam (referred to hereinafter as 'the kottayam officer') under section 35 of the 1950 act, read with section 99 of the kerala agricultural income-tax act, 1991 (15 of 1991) (which replaced the 1950 act with effect from april 1, 1991) (hereinafter referred to as 'the 1991 act'), intimating the petitioner that its agricultural income for the year 1986-87 has .....
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