Court : Chennai
Reported in : (1918)34MLJ446
..... abkari renter.' that, to my mind, is the key-note to the construction of similar provisions in other acts. in the case of abkari rent, in the case of income-tax, in the case of cesses under the local boards act, the amount payable to the government is not due in respect of any specified land, whereas the essence of ..... granted for the purpose of making the improvement. the test is not whether the improvement was subsequently made but whether the money was applied for the construction of agricultural improvements upon the property. nor do i think that the fact that time was extended for completing the work in regard to which the first instalment of payment ..... colleague and it is unnecessary to repeat them.14. the main point for consideration is whether a sale for the loan advanced by the government in respect of agricultural improvement of a property avoids previously existing encumbrances upon that property. i do not agree with mr. c.v. ananthakrishna aiyar that unless the loan is advanced .....
Tag this Judgment!Court : Chennai
Reported in : 47Ind.Cas.301
..... the abkari renter,' that, to my mind, is the keynote to the construction of similar provisions in other acts. in the case of abkari rent, in the case of income-tax, in the case of cesses under the local boards act, the amount payable to the government is not due in respect of any specified land, whereas the essence of ..... granted for the purpose of making the improvement. the test is not whether the improvement was subsequently made but whether the money was applied for the construction of agricultural improvements upon the property. nor do i think that the fact that time was extended for completing the work in regard to which the first instalment of ..... colleague and it is unnecessary to repeat them.14. the main point for consideration is, whether a sale for the loan advanced by the government in respect of agricultural improvement of a property avoids previous existing encumbrances upon that property. i do not agree with mr. c.v. ananthakrishna aiyar that unless the loan is advanced for .....
Tag this Judgment!Court : Chennai
Reported in : (1919)37MLJ663
..... to have accrued, arisen or received in british india. the same section in clause (2) gives various classes of income exempted from the payment of tax. section i exempts agricultural income. in section 5 an enumeration of the classes of income referred to in section 3 clause (1) is made. six categories are mentioned. from section 6 up to ..... not reasonably be said that there has been any such change as to affect the question we are dealing with. the act vi of 1886 was in force for more than thirty years before the present income-tax act was enacted, and the advocate-general himself has informed us that, at least before 1915 or 1916 when he was ..... , are habitually made, there a trade or business is carried on within the meaning of the income-tax acts, so as to render the profits liable to income-tax.' it is, therefore, unnecessary to express an opinion on the question whether the income of a business controlled and managed by a person residing in british india, although the actual operations .....
Tag this Judgment!Court : Chennai
Reported in : (1920)ILR43Mad75
..... to have accrued, arisen or received in british india. the same section in clause (2) gives various classes of incomes exempted from the payment of tax. section 4 exempts agricultural income. in section 5 an enumeration of the classes of income referred to in section 3, class (1) is made and six categories are mentioned. from section 6 up ..... company [1906] a.c., 526,530, 533. under the english income-tax act and the finance act mere residence of a proprietor within the united kingdom makes him liable to the tax even in respect of income earned elsewhere. the indian income-tax act bases liability to taxation on receipt of income and not on residence. the words 'deemed to arise or accrue' ..... v. carter [1896] a.c., 42. control is no test.judgment.6. this is a case stated by the board of revenue, under section 51 of the income-tax act, vii of 1918, in which the question involved is whether the assessee, a nattukkottai chetti, who is the proprietor of a money-lending business, carried on by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal40,61Ind.Cas.107
..... or arises or is received in british india, or is, under the provisions of this act, deemed to accrue or arise or to be received in british india.' section 4 provides that agricultural income shall not be chargeable to income tax.' section 2 gives a definition of the expression 'agricultural income.' the portion of the definition material for the determination of the question before us may be ..... stated as follows:in this act, unless there is anything repugnant in the subject or context, agricultural income means any income derived from.(i) agriculture, or.(ii) the performance by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1921Cal262,61Ind.Cas.112
..... vakils.6. we have next to consider the questions referred by the board of revenue to this court for decision:(1) is selami or premium agricultural income within the meaning of section 2(1) of the indian income tax act, 1918, when charged.(a) for the settlement of waste lands or abandoned holdings?(b)for recognition of a transfer of a holding from one tenant ..... to another?(2) are illegal abwabs, such as uttarayan agricultural income within the meaning of that section?7. section 4 provides that agricultural income shall not be chargeable to income tax. section 2(1)(a) lays .....
Tag this Judgment!Court : Chennai
Reported in : 59Ind.Cas.482
..... as their provisions are somewhat different, it is necessary, before examining the decisions, to see what the acts provide. the acts are the income tax act of 1842, as amended by the income tax act of 1853. the relevant sections of these acts are section 2 and schedule d of (16 and 171 vict., o. 35) which has been substituted ..... v. blott 89 l.j.k.b. 677 with reference both to the super tax act and the' income tax acts: 'it is income and income' only which is brought into charge.'2. the tax on income derived from business, which is the class of income with which we are dealing, has never been charged on the actual receipts of the ..... income-tax' and also by the taxing section, section 14, which also speaks of taxable income.37. the question then is, what really is the meaning of the term 'income' as used in the act, and whether it involves the idea of receipt in some form or other or not. the word is not defined in the present act, though the expressions 'agricultural income' and 'total income .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad427; (1920)39MLJ649
..... commissioner v. blott (1920) 2 k.b. 257 with relerence both to the super tax act and the income tax acts, ' it is income and income only which is brought into charge.''3. the tax on income derived from business, which is the class of income with which we are dealing, has never been charged on the actual receipts of the year ..... as their provisions are somewhat different, it is necessary before examining the decisions to see what the acts provide. the acts are the income-tax act of 1842 as amended by the income-tax act of 1853. the relevant sections of these acts are section 2 and schedule d of 16 and 17, vict. ch. 34 which has been ..... income-tax and also by the taxing section, section 14, which also speaks of taxable income.34. the question then is what really is the meaning of the term 'income' as used in the act and whether it involves the idea of receipt in some form or other or not. the word is not defined in the present act though the expressions 'agricultural income' and 'total income .....
Tag this Judgment!Court : Chennai
Reported in : (1921)ILR44Mad65
..... but as their provisions are somewhat different, it is necessary before examining the decisions to see what the acts provide. the acts are the income-tax act of 1842 as amended by the income-tax act of 1853. the relevant sections of these acts are section 2 and schedule d of 16 & 17 vic., ch. 34, which has been substituted ..... v. blott [1920] 2 k.b., 257 , with reference both to the super-tax act and the income-tax act, 'it is income and income only which is brought into charge.'4. the tax on income derived from business, which is the class of income with which we are dealing, has never been charged on the actual receipts of the year ..... income-tax' and also by the taxing section, section 14, which also speaks of taxable income.73. the question then is what really is the meaning of the term 'income' as used in the act and whether it involves the idea of receipt in some form or other or not. the word is not defined in the present act, though the expressions 'agricultural income' and 'total income .....
Tag this Judgment!Court : US Supreme Court
..... brushaber v. union pacific co., 240 u. s. 1 , in which a shareholder filed a bill to enjoin the defendant corporation from complying with the income tax provisions of the tariff act of october 3, 1913. in that case, while there was diversity of citizenship, a direct appeal to this court was sustained because of the constitutional ..... designated as financial agents of the government for making seed grain loans to farmers in drought-stricken sections, the president having at the request of the secretary of agriculture set aside $5,000,000 for that purpose out of the $100,000,000 war funds. the three banks mentioned made upwards of 15,000 loans of ..... to examine the questions presented by the attack upon the constitutionality of the legislation in question. the federal farm loan act is too lengthy to set out in full. it is entitled: "an act to provide capital for agricultural development, to create standard forms of investment based upon farm mortgage, to equalize rates of interest upon farm loans .....
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