Court : Supreme Court of India
..... 45 (3) the other sources referred to in section 12 of the indian income tax act. the appellate assistant commissioner, however, repelled the contention of the appellant. he held that the business of the appellant consisted of lending money, and selling agricultural and other products to its constituents which could be planned ahead and required no ..... deduction for broken period interest payment as a revenue expenditure under section 28 of the income tax act. in this connection, the department followed the judgment of the karnataka high court in vijaya bank's case. therefore, the point which we are required ..... to the assessee to claim deduction as revenue expenditure for broken period interest payment as no such deduction was permissible under sections 19 and 20 of the income tax act. that, it was not a sum expended by the assessee for realizing interest under section 19 and, therefore, the assessee was not entitled to claim .....
Tag this Judgment!Court : Supreme Court of India
..... as to whether beneath the veneer of equality there is any invidious breach of article 14.26. this court in khandige sham bhat and anr vs. agricultural income-tax officer, kasaragod, and anr, air1963sc591observed as under: 7. though a law ex facie appears to treat all that fall within a class alike, if ..... commission will issue, an inclusive attitude will be taken towards persons with disabilities from all categories furthering the concept of reasonable accommodation recognized in the rpwd act. the approach of the government, instrumentalities of states, regulatory bodies and for that matter even private sector should be, as to how best can one ..... be followed by the states parties for empowerment of persons with disabilities. the convention laid down the following principles for empowerment of persons with disabilities, which the act seeks to implement:- (i) respect for inherent dignity, individual autonomy including the freedom to make one s own choices, and independence of persons; (ii) non .....
Tag this Judgment!Court : Supreme Court of India
..... . ltd. v. state of assam,74 the state government framed a rule empowering the state authorities to reexamine the computation of agricultural income made by the central officers. it was contended that this rule was beyond the power delegated under the assam agricultural income tax act. a three-judge bench of this court observed: 10. [ ]. it is an established principle that the power to make rules ..... under an act is derived from the enabling provision found in such act. therefore, it is 74 (2001) 4 scc20241 part f fundamental that a delegate on .....
Tag this Judgment!Court : Supreme Court of India
..... kodar v. state of kerala, (1974) 4 scc422[10]. 359 shaktikumar m sancheti v. state of maharashtra, (1995) 1 scc351[3]. 360 khandige sham bhat v. agricultural income tax officer, kasargod, 1962 scc online sc15[10]. 166 part i although the liability may be quantified or measured in many ways, there is a clear distinction between the subject matter ..... under entry 49 of list ii is often measured with respect to the income derived from the land or building sought to be taxed. the income derived from land or building is normally measured in terms of the annual value. section 23 of the income tax act provides that the annual value of property shall be deemed to be the ..... ascertain (when it is not known) if there are minerals underground. 244 in tata chemicals ltd. v. state of gujarat,245 the gujarat mineral rights tax act 1985 imposed a tax on the mineral rights of holders of mining leases in respect of minerals specified in the schedule.246 a division bench of the gujarat high court, speaking .....
Tag this Judgment!Court : Supreme Court of India
..... (1955) 1 scr158at para 86; krishi utpadan mandi samiti v pilibhit pantnagar beej ltd., (2004) 1 scc391at paras 57-587; govind impex pvt. ltd. v appropriate authority, income tax dept., (2011) 1 scc529at para 118, and; commissioner of customs (import), mumbai v dilip 6 8. the question that needs our determination in such a situation is whether section ..... be wide, in our opinion, for the purpose of considering the same in the context of regulatory and penal statute like the act, the same must be read as carrying on a commercial venture in agricultural produce. the rule of strict construction should be applied in the instant case. the intention of the legislature in directing the trader ..... to obtain licence is absolutely clear and unambiguous insofar as it seeks to regulate the trade for purchase and sale. thus a person who is not buying an agricultural produce for the purpose of selling it whether in the same form or in the transformed form may not be a trader. furthermore, it is well known .....
Tag this Judgment!Court : Supreme Court of India
..... by the high court. learned counsel submits that pending the appeal before the high court, the income tax department had passed an order dated 31.08.2012 wherein the land of the appellant was considered as an urban land and a non-agricultural land. learned counsel stated that the respondent in the said proceedings did not object to the ..... however, he has not brought the original record regarding fixation of blue line by the irrigation department in purported exercise of its power under the maharashtra regional & town planning act, 1966.4. mr. uday b. dube, learned counsel for the respondent corporation undertakes to produce such record.31. pursuant to the said order, a duly sworn affidavit ..... same, direction no.5 in the operative order of the reference court requires to be modified. that direction was under section 28 of the act. in view of the entitlement for the rental income till 04.08.2000, the appellant shall be entitled 55 to interest on the enhanced amount at 9% for a period of one year .....
Tag this Judgment!Court : Supreme Court of India
..... territory of ladakh s. name of the act act/ordinance no.no.1. the jammu and kashmir accountability commission act, 2002. xxxviii of 2002 2. the jammu and kashmir advocates welfare fund act, 1997. xxvi of 1997 3. the jammu and kashmir agricultural income tax act, 1962. xxi of 1962 4. the jammu and kashmir state agricultural produce marketing xxxvi of 1997 regulation act, 1997.5. the jammu and kashmir ..... anand marriage act, 1954. ix of 2011 6. the jammu .....
Tag this Judgment!Court : Supreme Court of India
..... the form of share capital from kolkata based shell companies. on the basis of the said report, the notices under section 148 of 44 the income tax act for the year 2011-12 an 2012-13 were issued to mr. satyendar kumar jain. the information regarding accommodation entries was also received by the ..... companies into the 13 companies owned by the appellant, and agricultural lands were purchased from the said funds. (iv) from the documents obtained from the income tax department it was revealed that the appellant had submitted the application before the income tax authorities requesting that the income tax paid by vaibhav jain and ankush jain under ids, ..... and mangalayatan projects pvt. ltd. through kolkata based entry operators, and that the entire idea was mooted by satyendar kumar jain to use it for purchasing agricultural lands and to develop the township. the said witnesses had clearly stated that satyendar kumar jain was the conceptualizer, initiator, fund provider and supervisor for the .....
Tag this Judgment!Court : Supreme Court of India
..... land must have been reduced. the appellants had claimed receipts on that account to the tune of 25,00,000/-. further, thiru. kalayana sundram, income tax officer, appeared as rw2. he stated that the deceased did not pay income tax of 1,48,598/- for the year 2010-11. there is also evidence on record to show that the deceased received 22,23,553 ..... done with mathematical precision. the motor vehicles act, 1988 also provides for assessment of just and fair compensation. in our opinion, considering the material placed on record by the appellants, as has been referred to above, and value of the labour being put in by the deceased in agriculture, it would be reasonable to assess his income at 35,000/- per month. considering .....
Tag this Judgment!Court : Supreme Court of India
..... 153 to 213 dealing with the executive power of states, the state legislature, and the legislative power of the governor; 303 taxes on income other than agricultural income. 304 igst305central goods and services tax 306 state goods and services tax 307 integrated and goods and services tax 317 part e c. articles 214 to 217, 219, 221, 223 to 225 dealing with the power of appointing judges ..... the country. as a consequence, entry 82 of the union list303 was applied with modifications. as a consequence of co269 the jammu and kashmir goods and services tax act 2017, the central goods and services tax (extension to jammu and kashmir) ordinance 2017 and the integrated and goods and services tax304 (extension to jammu and kashmir) ordinance 2017, resulted in the cgst305, sgst306 .....
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