Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 38 power to take evidence on oath etc Sorted by: old Page 11 of about 861 results (0.470 seconds)

Commissioner of Income-tax, Bengal Vs. Hungerford Investment Trust, Lt ...

Court : Privy Council

Reported in : AIR1936PC219

..... the dividend received by the share-holder from any further payment of tax. the view contended for by the income-tax authorities has been put in different ways. the commissioner of income-tax in giving his opinion upon the reference, drew a distinction between income that is specifically exempt under the act, e. g., agricultural income, or income from tax-free securities, and what he calls (somewhat unfortunately having regard in ..... particular to s. 34 of the act) "income that has merely escaped assessment", by which he means profits and gains that .....

S.A.S.S. Chellappa Chettiar, Money-lender Vs. the Commissioner of Inco ...

Court : Chennai

Reported in : AIR1937Mad393; (1937)1MLJ351

..... 4 of the income-tax act makes the act applicable to all income, profits, or gains, accruing or arising or received in british india, or deemed to be received therein. but the act does not apply to agricultural income in british india. under section 4(3)(viii) it is provided that 'this act shall not apply to...agricultural income'. 'agricultural income' is defined ..... charges disallowed were claimed by the assessee under section 10(2)(iii) of the income-tax act as representing the capital borrowed by him for the purpose of his business which capital was now represented by agricultural lands. the income-tax officer held that four-fifths of the money borrowed was so represented but he disallowed ..... the claim on the ground that as the money was invested in agricultural lands the income from which is exempt from income-tax under section 4(3)(viii) of the act the assessee was not entitled to the allowance mentioned in section 10(2)(iii). he accordingly disallowed .....

S.A.S.S. Chellappa Chettiar Vs. Commissioner of Income Tax, Madras.

Court : Chennai

Reported in : [1937]5ITR97(Mad)

..... . 4 of the income tax act makes the act applicable to all income, profits, or gains, accruing or arising or received in british india, or deemed to be received therein. but the act does not apply to agricultural income in british india. under sec. 4(3)(viii) it is provided that 'this act shall not apply to;- agricultural income.' 'agricultural income' is defined in ..... charges disallowed were claimed by the assessee under section 10(2)(iii) of the income tax act as representing the capital borrowed by him for the purpose of his business which capital was now represented by agricultural lands. the income tax officer held that four-fifths of the money borrowed was so represented but he disallowed ..... the claim on the ground that as the money was invested in agricultural lands the income from which is exempt from income tax under sec. 4(3)(viii) of the act the assessee was not entitled to the allowance mentioned in sec. 10(2)(iii). he accordingly disallowed .....

Mohanpura Tea Company, Limited, Vs. Re.

Court : Kolkata

Reported in : [1937]5ITR118(Cal)

..... its sale in british india must be regarded as 'agricultural income' and therefore, outside the scope of the indian must be regarded as 'agricultural income' and therefore, outside the scope of the indian in-come tax act by reason of section 4(3)(viii) of the indian income tax act. this principle has subsequently been recognised by rule 24 ..... made under section 59 of the act. the material paragraph of the rule is as follows : 'income derived from the sale ..... been assessed, but they rely on the following provviso to sub-section (2) introducted into the act by the indian income tax amendment act, 1933 : provided further that nothing in this sub-section shall apply to income from agriculture arising or accruing in a state in india from land for which any annual payment in money .....

In Re: Mohanpur Tea Co. Ltd.

Court : Kolkata

Reported in : AIR1938Cal148

..... it was held that when tea is grown and manufactured in british india a portion of the income, profits and gains, derived from its sale in british india must be regarded as 'agricultural income' and therefore outside the scope of the income-tax act by reason of section 4 (3) (viii), income-tax act. this principle has subsequently been recognized by rule 24 made under section 59 of the ..... act. the material paragraph of the rule is as follows:income derived from the sale of tea grown and manufactured by the .....

Holyoke Water Power Co. Vs. American Writing Paper Co.

Court : US Supreme Court

..... national banking associations." "sec. 2. the last sentence of paragraph (1) of subsection (b) of section 43 of the act entitled 'an act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to ..... one cannot even say with reason that the effects of this particular covenant are to be classified as negligible. the lessee, as the recipient of principal or income, must accept payment from its debtors in the depreciated currency. it is injured at least appreciably if it is required to pay its creditors in dollars ..... federal reserve banks and national banking associations) heretofore or hereafter coined or issued, shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues, except that gold coins, when below the standard weight and limit of tolerance provided by law for the single piece, shall be .....

The Commissioner of Income-tax Vs. Dewan Bahadur S.L. Mathias

Court : Chennai

Reported in : AIR1938Mad352; (1937)2MLJ310

..... company (1932) 63 m.l.j. 124 : l.r. 59 indap 206 : i.l.r. 59 cal. 1343 (p.c) that the term 'income' in the indian income-tax act connotes a 'periodical monetary return' coming in with some sort of regularity or expected regularity from definite sources; but their lordships were then laying emphasis not on the ..... 2nd proviso to section 4(2) is of the same scope as the exemption applicable to agricultural income' as defined in section 2(1) of the act.19. mr. patanjali sastri is certainly right in his contention that the statutory definition of 'agricultural income' does not in terms apply to cases falling within the proviso now in question. if ..... sastri pointed out that our conclusion would practically amount to reading the proviso in section 4 into the definition of 'agricultural income' when the legislature had not (as it might well have done) included in that definition income from assessed lands in indian states. having regard to the manner in which amendments have been from time to time .....

Commissioner of Income-tax, Madras Vs. Diwan Bahadur S. L. Mathias.

Court : Chennai

Reported in : [1937]5ITR435(Mad)

..... the view that income from agriculture can be said to arise or accrue only when and where the produce is sold and converted into money seems to us, with all respect, difficult to reconcile with the reasoning in commissioner of taxation v. shaw wallace & co. (59 c. 1343) that the term income in the indian income tax act connotes a periodical ..... assessee from the produce of his coffee estates in mysore is exempt from taxation under hte second proviso to clause (2) of sec. 4 of the indian income tax act.the assessee who owns coffee plantations in the mysore state is a resident of british india (mangalore); adn the ccase states that while he maintains an office ..... 2nd proviso the sec. 4(2) is of the same scope as the exemption applicable to 'agricultural income' as defined in sec. 2(1) of the act.mr. patanjali sastri is certainly right in his contention that the statutory definition of agricultural income does not in terms apply to cases falling within the proviso now in question. if the .....

Helvering Vs. Davis

Court : US Supreme Court

..... respect to having individuals in their employ," measured on the wages, and an "income tax on employees," measured on their wages, to be collected by their employers by deduction from wages. these taxes are not applicable to certain kinds of employment, including agricultural labor, domestic service, service for the national or state governments, and service ..... 1009. [ footnote 7 ] economic insecurity in old age (social security board, 1937), p. 15. [ footnote 8 ] the senate committee estimated, when investigating the present act, that over one half of the people in the united states over 65 years of age are dependent upon others for support. senate report no. 628, 74th congress, ..... and many thousands of dollars will be subtracted from the value of the shares. the prayer is for an injunction and for a declaration that the act is void. the corporation appeared and answered without raising any issue of fact. later, the united states commissioner of internal revenue and the united states .....

Carmichael Vs. Southern Coal and Coke Co.

Court : US Supreme Court

..... .laws 1933, pp. 924, 926, 3 (smith-hurd ill.stats. c. 120, 442 and note); mich. acts 1933, no. 167, 25(b); utah laws 1933, c. 63, 21; income taxes, wis.laws 1933, c. 363, 2; miscellaneous excise taxes, ohio gen.code (page supp. 1935) 6212-49 (beer); 5543-2 (cosmetics); 5544-2 (admissions); utah rev.stat. ..... from the district court of the united states for the middle district of alabama. [ footnote 1 ] see 2(g). "employment" is defined to exclude: "(1) agricultural labor;" "(2) domestic service in a private home;" "(3) service performed as an officer bar pilot or member of the crew of a vessel on the navigable waters ..... furthermore justified on the ground of administrative convenience and expense. p. 301 u. s. 510 . (4) the exemption of particular classes of employers -- those who employ agricultural laborers, domestic servants, seamen, insurance agents, or close relatives -- and the exclusion of charitable institutions, interstate railways, or the government of the united states or of any .....