Court : Supreme Court of India
Reported in : AIR1958SC19; [1957]32ITR705(SC); (1958)IMLJ76(SC)
..... in the year 1923, on receipts from the sale of sal trees from his forests as income within the meaning of the indian income-tax act. the assistant commissioner of income-tax on appeal held by his order dated april 28, 1923, that receipts from forests were agricultural income and the income-tax authorities accepted the said decision and ceased to assess such receipts for a good number of years ..... the land itself. in the opinion of the court those operations were 'agricultural operations' and the land on which the trees stood was being used for 'agricultural purposes' and, therefore, the income from the sale of the trees was 'agricultural income' and was exempt from taxation under section 4(3)(viii) of the income-tax act and the court accordingly answered the referred question in the affirmative. 17 .....
Tag this Judgment!Court : Kerala
Reported in : [1977]110ITR372(Ker)
..... question in view of the defective findings of the tribunal. the tribunal will dispose of the appeal before it after rehearing it as envisaged by section 60(6) of the agricultural income-tax act, 1950, in the light of the observations in this judgment. there will be no order as to costs. 8. a copy of this judgment under the seal of the high ..... govindan nair, c.j.1. the question referred by the kerala agricultural income-tax appellate tribunal for the assessment year 1967-68 under the agricultural income-tax act, 1950, is in these terms : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the amount of rs. 4,322.36 .....
Tag this Judgment!Court : Kerala
Reported in : [1969]72ITR726(Ker)
isaac, j.1. these two references have been made by the kerala agricultural income-tax appellate tribunal under section 60(3) of the agricultural income-tax act, 1950, as directed by this court on applications made by the assessee, who is the same in both the cases. i.t.r. case no. ..... account; and that the estimate made by the appellate assistant commissioner regarding the yield of pepper was reasonable.3. for the assessment year 1961-62 the agricultural income-tax officer estimated the total agricultural income of the assessee at rs. 36,395 as against rs. 4, 128.39 returned by the assessee, after rejecting his books of account. the pepper ..... from 11,200 yielding pepper vines was 8 candies 10 thulams. the assessing authority estimated the yield at 20 candies on the ground that enquiries conducted by the agricultural income-tax officer, taliparamba, revealed that 3/4 kgms. of pepper could be obtained from each pepper vine of the locality. the appellate assistant commissioner, in appeal, reduced .....
Tag this Judgment!Court : Kerala
Reported in : [1997]226ITR365(Ker)
..... proceedings, the same logic should apply and the final order in regard thereto should also be passed within a reasonable time. the revisional power under section 34 of the kerala agricultural income-tax act, 1950, has to be resorted to within a reasonable time even though no limitation is laid down by law. when the power is sought to be exercised after a long ..... .21. the issue in hand can be looked at from a different angle. this court while dealing with the question of double taxation with reference to the provisions of the agricultural income-tax act, in the case of a husband and wife who are the partners of a firm, observed in achamma george v. iac, : [1989]180itr57(ker) : 'wading through the various provisions of .....
Tag this Judgment!Court : Kerala
Reported in : [1998]233ITR273(Ker)
..... , the inspecting assistant commissioner, ernakulam, in exercise of his powers under section 36 of the act, revised the assessment and fixed the net income at rs. 2,75,58,360. notice was then issued by the commissioner of agrl. income-tax under section 34 of the kerala agricultural income-tax act, 1950, proposing to revise the assessment by adding back the inadmissible deduction of rs. 33,64 ..... k.k. usha, j.1. the matter arises under the agricultural income-tax act, 1950. reference is at the instance of the assessee. malayalam plantations ltd., was a foreign company up to march 31, 1978. pursuant to an order passed by this court ..... of the act praying to draw up a statement of facts of the case and to refer five questions to this court was rejected by the commissioner, under order dated august 19, 1989. the assessee thereupon approached this court by filing o. p. no. 860 of 1990. this court, under judgment dated july 19, 1994, directed the commissioner of agricultural income-tax, thiruvanantha- .....
Tag this Judgment!Court : Chennai
Reported in : [1965]58ITR53(Mad)
..... that the words 'otherwise prejudicial to the assessee' have acquired, so to say, a clear, well-defined meaning in the manner mentioned above and they are used in the madras agricultural income-tax act in the same context and with the same object.in this connection it may also be mentioned that the view of the privy council in the tribune case which was ..... to consider now) declined to accept the case of partition. thereupon the petitioner, without filing an appeal as provided in the agricultural income-tax act, 1955 (hereinafter referred to as the act), straightaway preferred a revision petition to the commissioner for agricultural income-tax under section 34 of the act and he too dismissed the petition. the petitioner has thereupon preferred this revision petition under section 54 of the .....
Tag this Judgment!Court : Chennai
Reported in : [1988]172ITR199(Mad)
..... bench of this court in a decision rendered in state of tamil nadu v. sadhanandam : [1978]113itr453(mad) has held that section 9(2) of the agricultural income-tax act has no application if the assessment is made on the father in the status of a hindu undivided family and section 9(2) will come into play only ..... assessee in all these cases is one ganesa udayar of pilliarnatham, kallaperambur post, thanjavur taluk. for the year 1975-76, there was an assessment under the agricultural income-tax act wherein all the lands in his possession and enjoyment were assessed in his hands as an individual. the assessee objected to the said assessment by filing an appeal ..... the assessee will have to be clubbed with the other lands in view of the provisions of section 9(2) of the agricultural income-tax act. according to the assessee, however, the inclusion of the income from the lands belonging to the assessee's minor daughter and paternal grandmother cannot legally be justified and that the assessment made .....
Tag this Judgment!Court : Chennai
Reported in : [1986]161ITR497(Mad)
..... of accountancy and well established commercial practice, and the liability towards gratuity relatable to the year of account, is a permissible deduction'. on an analogous provision existing in the karnataka agricultural income-tax act, a division bench of the karnataka high court in balanoor tea & rubber co. ltd. v. state of karnataka : [1984]148itr736(kar) by relying upon the decision of the supreme court ..... the second respondent dated november 24, 1977. petitioner is an assessee under the tamil nadu agricultural income-tax act, 1955. for the assessment year 1975-76, it was subjected to tax by a final assessment order dated november 24, 1977. its net agricultural income was fixed at rs. 3,79,086 and a tax liability of rs. 2,08,497.30 was assessed. in doing so, the expenditure .....
Tag this Judgment!Court : Karnataka
Reported in : [1999]239ITR902(KAR); [1999]239ITR902(Karn)
..... a different assessable unit, namely, the partner is not entitled to set off the loss from the income of the firm. there is no provision under the income-tax law as in the case of j. h. gotla , like that of section 24(2) in the agricultural income-tax act and in the absence of such a provision assistance of any other section could not be taken ..... that by virtue of the amendment by the karnataka taxation laws (amendment) act, 1994, karnataka act no. 18 of 1994, the karnataka agricultural income-tax act, 1957, has been amended and registered partnership firms have been made as assessable units, but the partners who had unabsorbed loss prior to the commencement of the amendment act have not been given the set off. it is submitted that either .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC375; [1972]84ITR475(SC); (1972)4SCC489; [1972]1SCR1016
..... , there being no separate account for the madras portion.2. section 2(1) of the indian income tax act 1922 hereinafter called the 'income tax act' defines 'agricultural income'. the same definition is to be found in section 2 of the madras agricultural income tax act 1955, hereinafter referred to as 'agricultural income tax act'. under section 59 of the income tax act the central government can make rules to prescribe the manner and the procedure by which the ..... agricultural income taxable under the kerala agricultural income tax act 1950 was 60% of the income computed under the income tax act after deducting therefrom the allowances authorised by section 5 of the kerala act insofar as the same had not been allowed in the assessment under the income tax act. there was no provision in the kerala act or the rules authorising the agricultural income tax officer to disregard the computation of the tea income made under the income tax act .....
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