Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 36 income escaping assessment Sorted by: old Court: supreme court of india Page 12 of about 2,523 results (0.214 seconds)

Bombay Steam Navigation Co. (1953) Private Ltd. Vs. Commissioner of In ...

Court : Supreme Court of India

Reported in : [1965]56ITR52(SC)

..... a deduction under section 5(e) of the madras plantations agricultural income-tax act, 1955. section 5(e), it may be observed, is in terms similar to section 10(2)(15) of the income-tax act. section 5 permits deductions of various items of expenditure in the computation of agricultural income. clause (e) provides for the deduction of any expenditure ..... expended wholly and exclusively for the purpose of the plantation. in this connection, it is pertinent to note that what the act purports to tax is agricultural income and not agricultural receipts. from the agricultural receipts must be deducted all expenses which in ordinary commercial accounting must be debited against the receipts... in principle, we do ..... , but i would prefer not to express my view on the construction of clause (3) of sub-section (2) of section 10 of the indian income-tax act, 1922.shah j. - the bombay steam navigation company ltd., which plied its passenger did ferry services on the konkan costs and in the bombay harbour, .....

Bombay Steam Navigation Co. (1953) Private Ltd. Vs. Commissioner of In ...

Court : Supreme Court of India

..... a deduction under section 5(e) of the madras plantations agricultural income-tax act, 1955. section 5(e), it may be observed, is in terms similar to section 10(2)(xv) of the income-tax act. section 5 permits deductions of various items of expenditure in the computation of agricultural income. clause (e) provides for the deduction of any expenditure ..... expended wholly and exclusively for the purpose of the plantation. in this connection, it is pertinent to note that what the act purports to tax is agricultural income and not agricultural receipts. from the agricultural receipts must be deducted all expenses which in ordinary commercial accounting must be debited against the receipts ... in principle, we do ..... conclusion, but i would prefer not to express my view on the construction of clause (iii) of sub-s. (2) of s. 10 of the indian income-tax act, 1922. 2. shah, j. - the bombay steam navigation company ltd., which plied its passenger did ferry services on the konkan coats and in the bombay .....

Ouchterloney Valley Estates Ltd. Vs. State of Kerala

Court : Supreme Court of India

Reported in : [1965]1SCR803

..... outside sale. the same view has been expressed by this court in a subsequent decision coming from kerala in malayalam plantations ltd., quilon v. the deputy commissioner of agricultural income-tax and sales-tax, south zone, quilon. : [1964]7scr391 . the result is that the decision of the kerala high court in the case of a. v. thomas & ..... which we have just referred, they are 'outside sales' so far as the respondent state is concerned and cannot be legitimately assessed to tax under the relevant provisions of the sales tax act. 6. mr. menon for the respondent state has, however, strenuously contended that the question as to whether the present sales are ..... tea in tea estates and sell their products. under the relevant provisions of the travancore-cochin general sales tax act 11 of 1125 (hereinafter called 'the travancore act'), sales-tax officers had assessed the appellants to several amounts of tax in respect of their turn-over for different years. the appellants had urged before the sales .....

Commissioner of Income-tax, Madras Vs. Indian Bank Ltd.

Court : Supreme Court of India

Reported in : AIR1965SC1473; [1965]35CompCas321(SC); [1965]56ITR77(SC); [1965]1SCR833

..... . the court, following hughes v. bank of new zealand 21 t.c. 472 held that he was entitled notwithstanding that agricultural income was not taxable under the income tax act. mr. sastri says that this was wrongly decided and was in fact dissented from by the rangoon high court in c. i. t. burma v. n. s. a. r ..... thought that the scheme of the burma income tax act was entirely different from the scheme of the english income tax act, 1918. he observed that 'in england a person is assessed to income tax in respect of his income, while under the burma act it is the income which is taxed. under the english act no class of income is outside the scope of the act, whereas by section 4(3) of ..... in the provisions of rule 3 of the rules applicable to cases i and ii of schedule d'. 13. this rule is similar to section 10(2)(xv) of the income-tax act. after setting out the rule and noticing its effect, he says : 'it seems to me to be incontrovertible that, in the present case, the investments in question were .....

Commissioner of Income-tax, Madras Vs. S. Raman Chettiar

Court : Supreme Court of India

Reported in : AIR1965SC1031; [1965]55ITR630(SC); [1965]1SCR883

..... of rent on the ground that it was agricultural income. this view was held to be wrong by the privy council. the income tax officer issued notices under s. 34 on august 8, 1948, without obtaining the approval of the commissioner. section 34 was amended by the income-tax and business profits tax (amendment) act, 1948 (xl viii of 1948). assessment ..... this is an appeal by special leave directed against the judgment of the madras high court answering the question 'whether the reassessment under s. 34 (of the indian income-tax act, 1922) completed on 30th june, 1953, for the year 1944-45 is valid' in the negative. the relevant facts are as follows. 2. the respondent, hereinafter ..... to the high court was : 'whether in the circumstances of the case assessment proceedings were validly initiated under s. 34 of the indian income-tax act'. this court held that : 'as the amending act repealed the original section 34 not from the day it was promulgated but from an earlier date, march 30, 1948, and substituted in .....

Navnitlal C. Javeri Vs. K.K. Sen, Appellate Assistant Commissioner of ...

Court : Supreme Court of India

Reported in : AIR1965SC1375; [1965]56ITR198(SC); [1965]1SCR909

..... 2(6a)(e), of the indian income-tax act, 1922, hereinafter called the act, as they stood in 1955, are void. 23. the two provisions were enacted by parliament in view of entry 82, list i, seventh schedule of the constitution which reads : 'taxes on income other than agricultural income.' it is not disputed that whatever ..... the legislative competence of parliament. he argues that entry 82 in list i of the seventh schedule which deals with 'taxes on income other than agricultural income' cannot justify the impugned provision, because a loan advanced to a shareholder by the company cannot, in any legitimate sense, be treated ..... wide connotation the word 'income' in this entry may have, the item taxed should really be capable of being considered as income .....

Collector of Sultanpur and anr. Vs. Raja Jagdish Prasad Sahi

Court : Supreme Court of India

Reported in : AIR1965SC909; [1965]57ITR784(SC); [1965]2SCR29

..... state government as a resultof the notification under section 4 of the uttar pradesh zamindari abolitionand land reforms act, 1950 (act i of 1951), and of tax on agricultural incomeassessed under the u.p. agricultural income tax act, 1948 (u.p. act iii of1949), due from an intermediary for any period prior to the date of vestingshall be realized ..... against compensation payable for compulsory termination of the rightsof the intermediary. relying upon the clause 'an arrear on account of taxon agricultural income assessed under the u.p. agricultural income tax act, 1948for any period prior to the date of vesting' in section 6(d) it was urgedthat even if under section 3 ..... us and nothingneed be said in that behalf. the revenue authorities, however, claim that anorder adjusting liability for the amount due as tax payable under the u.p.agricultural income-tax act against compensation bonds cannot be made by thehigh court. this plea is sought to be supported on three grounds : (i) thatcompensation .....

Seth Banarsi Das Etc. Vs. Wealth Tax Officer, Special Circle Meerut, E ...

Court : Supreme Court of India

Reported in : AIR1965SC1387; [1965]56ITR224(SC); [1965]2SCR355

..... brings out an element of limitation or restriction which should be imported in construing entry 86. entry 82 refers to taxes on income other than agricultural income. the argument is that the power to levy taxes on income is not conditioned by reference to individuals or companies; it is an unlimited extensive power. in contrast with this entry ..... 11. it is, however, urged that in interpreting the word 'individuals', it would be relevant to take into account the legislative history of tax legislation. section 3 of the indian income-tax act, 1922 (no. xi of 1922) is pressed into service for the purpose of this argument. the said section provides, inter alia, that where ..... a firm, or of a hindu undivided family, when the company, or the firm, or the family is liable to the tax. basing themselves on the distinction which is made by the income-tax acts between an individual and a hindu undivided family, the appellants contend that the word 'individuals' should not be interpreted to include hindu .....

Corporation of Calcutta and anr. Vs. Liberty Cinema

Court : Supreme Court of India

Reported in : AIR1965SC1107; [1965]2SCR477

..... would appear that one of the points urged by learned counsel for the appellant was that under head ii of s. 5 9 (1) municipality might levy an income tax. it was this extreme contention that was answered and rejected by the learned judges. this was, in a sense, negative as it merely prevented the municipality from levying ..... court said : "in the first place, the power of the municipality cannot exceed the power of the provincial legislature itself and the municipality cannot impose any tax, e.g. income tax which the provincial legislature could not itself impose." if the state legislature cannot confer a power upon the state government it is not easy to see how it ..... of bombay(1). it was not a case regarding the determination of a rate at which tax could be levied out of the rent which a tenant might be required to pay under the bombay tenancy and agricultural land act, 1948. section 6(2) of that act enacted : "the provincial legislature may, by notification in the official gazette, fix a .....

Punjab Distilling Industries Ltd. Vs. Commissioner of Income-tax, Punj ...

Court : Supreme Court of India

Reported in : [1965]3SCR1; 1965AIR1862

..... be deemed to include any distribution included in the expression 'dividend' as defined in el. (6a) of section 2 of the indian income-tax act". section 2(6a)(d) of the indian income-tax act, 1922 provides that "dividend" includes "any distribution by a company on the reduction of its capital to the extent to which the company ..... while the said entry 54 enables the appropriate legislature to impose a tax on "income", the legislature by enlarging the definition of ..... capitalised or not." the said act vii of 1939 was passed by the central legislature in exercise of its powers conferred under s. 100 of the government of india act, 1935, read with entry 54 of list i of the. seventh schedule thereof. entry 54 reads: "tax on income other than agricultural income." mr. chatterjee contends that .....