Judgment Search Results Home > Cases Phrase: agricultural income tax act 1957 section 39 power to call for information Page 15 of about 892 results (0.439 seconds)

Commissioner of Wealth-tax Vs. Smt. Sheela Devi

Court : Punjab and Haryana

Reported in : [1970]77ITR693(P& H)

..... mr. awasthy referred in support of his argument because, both these cases deal with what is 'land used for agricultural purposes' within the meaning of the income-tax act:mustafa ali khan v. commissioner of income-tax, (1948) 16 i.t.r. 330 (p.c,). and commissioner of income-tax v. raja bency kumar sahas roy, [1957] 32 i.t.r. 466, 475-76 (s.c.),.8. in ..... in dispute was or was not being used for agricultural purposes, and, therefore, income from it could or could not be said to be agricultural income. it is significantthat the income-tax act specifically states that agricultural income would be such as accrues from land used for agricultural purposes. no suck criterion has been provided by the legislature in the wealth-tax act. similarly, the question before the supreme court in raja .....

The Commissioner of Income-tax Vs. Maddi Venkatasubbayya and

Court : Chennai

Reported in : AIR1951Mad1007; [1951]20ITR151(Mad); (1951)2MLJ167

..... the entire profits of the assessee from the tobacco dealer calculated in the sum of rs. 12000 was agricultural income and was exempt from income-tax under section 4 (3) (viii) of the income-tax act. the commissioner of income-tax disputes the correctness in law of the decision of the appellate tribunal. hence this reference.3. the burden ..... is upon the assessee who claims exemption from tax under section 4 (3) (viii) of the income-tax act to prove that the income is 'agricultural income' as defined in the act. --see 'raja mustafa ali khan v. commissioner of income-tax', 1948 16 itr 330. it is true, as pointed out by the learned ..... narayan singh'. 1948 16 itr 325, which decided that interest on arrears of rent payable in respect of land used for agricultural purposes was not agricultural income within section 2 (1) of the income-tax act. it was held that the interest was neither rent nor revenue derived from the land. the relationship between the tenant who .....

Commissioner of Income-tax Vs. Maharashtra Sugar Mills Ltd.

Court : Mumbai

Reported in : (2004)186CTR(Bom)616; [2003]263ITR180(Bom)

..... of the agricultural assets. 5. challenging the said notice issued under section 148 of the income-tax act, the assessee filed a writ petition in this court, which was disposed ..... state government on transfer of the said agricultural assets (other than agricultural lands) were liable for capital gain's tax and on account of the failure on the part of the assessee to disclose the above facts, there was escapement of income. action under section 147(a) of the income-tax act, was therefore, initiated to bring to tax the escaped income under the head 'capital gains' on transfer .....

The State of Tamil Nadu Vs. Best and Co. (P.) Ltd.

Court : Chennai

Reported in : [1984]57STC174(Mad)

..... sixth schedules to the income-tax act, 1961. we do not think this decision or the reasoning on which it ..... for the assessee referred to a decision which had arisen under the income-tax act as a support for his proposition that monobloc pumpsets cannot be regarded as electrical goods : vide commissioner of income-tax v. dhandayuthapani foundry (p.) ltd. : [1980]123itr709(mad) . in that case, a question arose whether centrifugal pumps were agricultural implements falling within the ambit of item (9) of the fifth and .....

Kunwar Trivikram NaraIn Singh Vs. Commissioner of Income-tax, U.P., Lu ...

Court : Allahabad

Reported in : AIR1960All264; [1961]41ITR150(All)

..... was being received under this letter by babu har narain singh and his successors was agricultural income exempt from income-tax or income liable to tax under the indian income-tax act. the tribunal finally held that this income being received by babu har narain singh and his successors was not agricultural income and was consequently liable to income-tax. it is in thesecircumstances that the question mentioned above has been referred for our ..... by her on her shares in those companies was also exempt from tax as agricultural income. it was held that dividend incomereceived by the assessee was not agricultural income but was income assessable under section 12 of the indian income-tax act. in their decision, their lordships of the supreme court held that agricultural income as defined in the act is obviously intended to refer to the revenue received by direct association .....

Vaniampara Rubber Co. Ltd. Vs. State of Kerala

Court : Kerala

Reported in : [1998]230ITR449(Ker)

..... (hereinafter referred to as 'the act'), on the files of the inspecting assistant commissioner of agricultural income-tax, trichur. the petitioner executed an agreement dated july 25, 1974, in favour of a purchaser to sell 13,600 old and uneconomic ..... the agricultural income-tax appellate tribunal, additional bench, palakkad, dated september 9, 1991. the assessment years involved are 1975-76, 1976-77 and 1977-78.2. the petitioner is a company incorporated under the companies act, 1956, and is carrying on business of growing and planting rubber in its estate known as 'vaniampara rubber estate'. the petitioner was an assessee under the kerala agricultural income-tax act, 1950 .....

K.T. Thomas Vs. Agricultural Income-tax Officer and ors.

Court : Kerala

Reported in : [1990]184ITR561(Ker)

..... capricious or vindictiveheld:as per the charging provision under s. 3 of the agricultural it act, tax is charged for each financial year on the total agricultural income of the previous year of the assessee. in the present case, the estimate of agricultural income from tea for the purpose of assessment is not of the income during the previous year, but the taxable turnover on sal of tea during ..... assessment are vitiated by these errors apparent on the face of the record. agricultural income taxassessment--jurisdiction of agrl. ito--levying tax on that portion of income from sale of tea which, as per r. 8 of it rules, is to be treated as income under it actheld:levy of tax by the state under the agrl. it act can relate only to sixty per cent of the .....

Commissioner of Sales-tax Vs. Brihan Maharashtra Sugar Syndicate Ltd.

Court : Mumbai

Reported in : [1987]165ITR275(Bom)

..... .1. in these references, the following three questions are referred to us under section 39 of the maharashtra agricultural income-tax act, 1962 :'question no. 1 : whether, on the facts and in the circumstances of these cases, the tribunal was correct in holding that in respect of agricultural implements, the opponents were entitled to claim depreciation within the meaning of sub-section (6) of section ..... an additional statement of case is not necessary. in the case of amolak ram khosla v. cit : [1981]131itr589(sc) , somewhat similar course was followed by the supreme court. accordingly, the following additional question as per the order in the said three applications under the agricultural income-tax act is framed :'whether, on the facts and in the circumstances of the case, the tribunal was .....

Bazaloni Group Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... , therefore, it is necessary to re-determine the income under the proviso to section 49 of the agricultural income-tax act, 1939, of the assessee for computation of the agricultural income. by virtue of the proviso to rule 5 of the assam agricultural income-tax rules 1939, the agricultural income-tax officer, assam, was empowered to refuse to accept the computation of agricultural income made by the central income-tax officer. feeling aggrieved, the assessee has challenged ..... 60 per cent under rule 8 of the income-tax act.8. thereafter, the assam agricultural income-tax officer issued notice under section 30 of the assam agricultural income-tax act, 1939, to the assessee for assessment under the act, on the ground that the deduction allowed under section 80hhc before computation of the composite income under rule 8 of the income-tax rules by the income-tax officer, was detrimental to the revenue's interest .....

Walliawarum Plantations Vs. Agricultural Income-tax and Sales-tax Offi ...

Court : Kerala

Reported in : [1999]237ITR325(Ker)

..... bar of limitation it is stated that exhibit p-7 notice is well within the time provided under section 35 of the agricultural income-tax act, 1950, and under section 41 of the kerala agricultural income-tax act, 1991.4. learned counsel appearing for the petitioner submitted that exhibit p-9 assessment order is null and void. he ..... . he also submitted that the petitioner has got an effective alternate remedy by way of an appeal as provided under section 72 of the kerala agricultural income-tax act, 1991, and that the petitioner has approached this court without availing of the said remedy.6. i shall first dispose of the contention taken ..... power to reopen an assessment when it is satisfied that the agricultural income chargeable has escaped assessment in any financial year for any reason by virtue of the provisions of section 35 of the agricultural income-tax act, 1950, and section 41 of the kerala agricultural income-tax act, 1991. the government pleader submitted that reassessment in the case .....