Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 38 power to take evidence on oath etc Court: delhi Page 2 of about 61 results (0.333 seconds)

Jagannath Dudadhar Vs. the Sale Tax Officer and ors.

Court : Delhi

Reported in : 2008(106)DRJ831; (2009)19VST151(Delhi)

..... act are not attracted to proceedings under the act and the tribunal has no jurisdiction to condone delay in filing an application for reference under section 60 ..... condone delay in filing reference applications under section 66(1) of the income tax act, 1961. in comm. of agrl. i.t. v thalayar rubber industries : [1981]131itr162(ker) a full bench of kerala high court has held that section 69 of the kerala agricultural income tax act, 1950, indicates that provisions of sections 4 to 24 of the limitation ..... law does not exclude its application. neither the provision of section 5 nor that of section 12(2) of the limitation act will apply to appeals filed under section 269h of the income tax act, 1961.12. on the conspectus of the decisions referred to above and their ratio it would be clear that the authorities .....

National Agricultural Cooperative Marketing Federation of India Vs. Un ...

Court : Delhi

Reported in : (2001)167CTR(Del)380; 2001(58)DRJ641

..... amendment) bill, no.169 of 1998 was introduced in the parliament. by this bill section 80p(2)(a)(iii) of the income tax act was sought to be substituted with effect from 1st april 1968 by the following:- '(iii) the marketing of agricultural produce grown by its members, or ....' the statement of objects and reasons is as under:- '6. clause 8 seeks to amend ..... section 80p of the income-tax act. under the existing provision, profits derived by a cooperative society engaged in the marketing of agricultural produce of its members are fully deductible in computing the taxable income under section 80p(2)(a) (iii) of the income-tax act. the deduction was intended for primary cooperative societies marketing the agricultural produce of their farmer members. in the case .....

Cit Vs. Shri Chand

Court : Delhi

Reported in : [2004]141TAXMAN57(Delhi)

..... to the assessed did not fall within the definition of capital asset under section 2(14)(iii) of the income tax act, 19612. it may be noted that the tribunal considered the decision in the case ..... has been referred by the income tax appellate tribunal for the opinion of this court. the question reads as under :'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in law in holding that no capital gain was assessable on the ground that the agricultural land in village nangal dewat belonging ..... of surjan singh of nangal dewat and rendered the decision. against the decision of the tribunal, the revenue approached this court and the case in cit v. surjan singh (2003) 260 itr 351 . .....

D.L.F. United Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (1985)49CTR(Del)126; [1986]158ITR342(Delhi)

..... s business 2. whether, on the facts and in the circumstances of the case, said compensation was the agricultural income of the assessed within meaning of section 2(1)(a) of the income-tax act, 1961, and, as such, is exempt from income-tax 3. whether, on the facts and in the circumstances of the case, the lands, which were the ..... that the investment in land was a capital investment and, hence, the amount of gain resulting from compensation was not even agricultural income. 5. as regards questions nos. 4 and 5, the answers in ..... in question had been used for agriculture and had not been converted and, hence, the answer to the present reference would depend on somewhat different facts. 4. as regards question no. 2, the answer in the reported case was that the compensation was not income within the meaning of the income-tax act. this was based on the view .....

D.L.F. Housing and Construction (P.) Ltd. Vs. Commissioner of Income-t ...

Court : Delhi

Reported in : (1982)29CTR(Del)199; [1983]141ITR806(Delhi)

..... than rent.' 37. this observation was made by harris c.j., while comparing the definition of the phrase 'agricultural income' in s. 2(1) of the act with that given in the bihar agricultural income-tax act in s. 2(a) in which the words 'any rent or income derived from land' appear instead of the words 'rent or revenue derived from land' as is the case under ..... is not 'rent' within the meaning of the word used in the definition of 'agricultural income' in section 2(1)(a) of the assam agricultural income-tax act, 1939. it has all the characteristics of a capital payment and it is not revenue. it is thereforee, not 'agricultural income' within the meaning of that act.' 43. we have, thereforee, to look to the substance of the matter rather than .....

ito Vs. Smt Sheetal Kumari

Court : Delhi

Reported in : (2004)91TTJ(Del)1097

..... learned commissioner (appeals)-xxvi, new delhi, erred in deleting the addition by holding the recurring compensation as agricultural income exempt from tax, although the same is nothing but additional compensation chargeable under section 45(5) of the income tax act.'2. coming to the facts of the case, these are identical for assessment years 1990-91 and ..... continued to be carried on by the refugees during the year in question and this amount has to be regarded as agricultural income as defined by section 2(l) of the income tax act, 1922.the facts of the appellant's case are similar to those of the above case. the land in question ..... basis in the year of its receipt. the learned assessing officer has further held that the agriculture land owned by the government for the non-agriculture purposes, hence the amount of recurring compensation is taxable under the income tax act.'25. as already stated earlier, the learned departmental representative raised certain preliminary issues and one .....

Goruk Mal Vs. Himachal Pradesh Government

Court : Delhi

Reported in : 5(1969)DLT191

..... the entire territory of the state, but no alteration was made in the territorial operation of bhopal act ix of 1953. the net effect of all this was that in the constituent regions the bhopal state agricultural income-tax act 1953, continued in force while in the remaining territory of the state of madhya pradesh there was ..... no law providing for levy of tax on agicultural income. this law was attacked as vocative of article 14 of the constitution.the argument ..... is infringement of article 14 of the constitution is advanced on the sole ground that in the reorgainsed state of madhya pradesh formed under the states reorganisation act. 1956. agricultural income-tax is levied within the territory of the former state of bhopal and nto in the rest of the territories of madhya pradesh. prima faice, a .....

income-tax Officer Vs. Ajit Vikram Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)24ITD365(Delhi)

..... karnataka high court in b.s. jayachandra v.ito [1986] 161 itr 1.90, where it had been held that even sale of agricultural land would be chargeable to capital gains under the income-tax act. replying to the contention of the assessee's counsel that even in computing capital gains the cost of the capital asset has to be ..... addressed us in respect of the cross-objection and submitted that the bombay high court had held that the capital gains on the sale of agricultural land could not be assessed to tax as it was in fact an agricultural income.9. the departmental representative replied to the cross-objection by relying on the decision of the kerala high court in ..... only. been changed by the inspecting assistant commissioner. it was also contended that in case the income-tax officer was to work out the capital gains it could not be treated as capital gains as the land would continue to be agricultural.the plea of the assessee for developing into plots was rejected. for this reliance was placed on .....

Ashok Sardana and anr. Vs. Pramod Sardana and anr.

Court : Delhi

..... smt.dropadi devi between 1969 to 1972. it is urged that the money was deposited for the plot from the funds that the family used to receive from the agricultural income, realization of deposits including fdrs with companies like goodwill india ltd, etc. the said deposit was held in the joint name of the mother, sisters, brother and ..... colony property from her father sh.bulaqui dass. she carried out construction herself. she gave the list of source of fund for construction of the house to the income tax department. the perpetual sub-lease deed is registered in her name. they have relied heavily on the cross-examination of appellant no.1. reliance is also placed on ..... devi.31. as far as issue no.4 is concerned, the impugned order holds that civil suit would not be maintainable as the competent court under land reforms act would have jurisdiction. there are no serious or cogent submissions made in the written submissions grounds of appeal regarding the same. the finding of the learned single .....

Market Committee and ors. Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)692

..... these assessees under section 12a of the it act.2. all the applicants, i.e., punjab state agriculture marketing board, haryana state agricultural marketing board and various marketing committees at different places in punjab, haryana and delhi were created under the punjab agricultural produce markets act, 1961 (papma). all the assessees were enjoying exemption from income-tax under section 10(20) of it act which prior to its amendment by ..... the finance act, 2002, w.e.f. 1st april .....