Court : Chennai
Reported in : (2008)1MLJ9
..... , of the said high court to be continuedhas become obsolete in view of article 229 of the constitution clause - 5 - declaration to be made by judgeshas become obsolete in view of article 219 of the constitution and form viii of 3rd schedule to the constitution clause - 6 - sealhas become obsolete in view of high court seals act, 1950, whereby form and contents of the seal of the high court has changedclause - 7 - writs, etc. ..... passed in the twenty-fourth and twenty-fifth years of our reign entitled 'an act for establishing high courts of judicature in india', it was, amongst other things, enacted that it should be lawful for her majesty by letters patent under the great seal of the united kingdom, to erect and establish, a high court of judicature at madras, for the presidency of madras aforesaid, and that such high court should consit of a chief justice and as many judges, not exceeding 15, as her majesty might, from ..... time to time, think fit to appoint, who should be selected from among persons qualified as in the said act is declared: provided always that he persons who at the time .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP165; 1986MPLJ261
..... ' ' ' ' ' ' by the high courts seal act, 1950clause-5 ' ' ' ' ' ..... it does not appeal to me that section 116a merely excludes letters patent appeals in respect of orders made by the high court under section 98 or 99 of the act and in case of other orders amounting to 'judgment' passed during trial of the election petition, the non ..... it may also be noted that the view we are taking will make it possible for an aggrieved party to obtain redress from the high court without approaching the supreme court in the exercise of its extraordinary jurisdiction under article 136...........the view contended for on behalf of the petitioner and the second respondent, therefore, commends itself to use and we accept it in preference ..... . up to 25-1-1950, the governor general of india, by issuing certain orders under section 229 of the government of india act, 1935 regulated the establishment and jurisdiction of the high courts and this power was never ..... . with effect from 26th january, 1950, the indian independence act, 1947 and government of india act, 1935 stand repealed by article 395 ..... our constitution relating to the .establishment of the high court, there is no whisper about the provisions of letters patent and that is so because it stood repealed much earlier as the orders passed before 25-1-1950 were never issued by the governor general of india by deriving his powers from the letters patent, but were issued under the amended provisions of section 229 of the government of india act, 1935.33 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker65
..... a copy of this judgment under the seal of the high court and the signature of the registrar will be forwarded to the appellate tribunal as required by sub-section (6) of section 60 of the agricultural income-tax act, 1950. ..... hayes, air 1946 pat 361, a section similar to section 8 (2) of the agricultural income-tax act, 1950--section 11 of the bihar agricultural income-tax act, 1938--came up for consideration. ..... section 8(2) of the agricultural income-tax act, 1950, reads as follows:'(a) save as provided in sub-section (1), if a person holds land from which agricultural income is derived partly for his own benefit and partly for the benefit of others or wholly for the benefit of others, ..... in the light of what ia stated above we must hold that section 8 (2) of the agricultural income-tax act, 1956, is not attracted and that both the questions referred have to be answered in the negative and against the department. ..... the bihar section also embodied an explanation of the expression 'beneficiary' in terms identical with the explanation in section 8 (2) of the agricultural income-tax act, 1950.10. ..... this is a reference by the kerala agricultural income-tax appellate tribunal, trivandrum, under section 60 (1) of the agricultural income-tax act, 1950. ..... whether on the facts and circumstances of the case section 8 (2) of the agricultural income-tax act is applicable to the assessment of the agricultural income-tax on the agricultural income derived from the land of each of the minor children.2. .....
Tag this Judgment!Court : Kerala
Reported in : [1963]48ITR339(Ker)
..... we answer the reference accordingly; but in the circumstances of the case without an order as to costs.a copy of this judgment under the seal of the high court and the signature of the registrar will be forwarded to the agricultural income-tax appellate tribunal, trivandrum, as required by sub-section (6) of section 60 of the travancore-cochin agricultural income-tax act, 1950.questions answered accordingly. ..... we are in agreement, it must follow that any rent or revenue derived by the assessee from land which is used for agricultural purposes will be liable to agricultural income-tax under the travancore-cochin agricultural income-tax act, 1950, only if such land is either assessed to land revenue in the taxable territories or is subject to a local rate assessed and collected by officers of the government as such. ..... ] this court considered the principles of interpretation applicable to such a definition and said :'judge in the light of the principles mentioned above, we must hold that the words, and is either assessed to land revenue in the taxable territories or subject to a local rate assessed and collected by officers of the government as such, in section 2(1)(a) of the indian income-tax act, 1922, are implicit in the definition of agricultural income in section 2(a)(1) of the agricultural income-tax act, 1950, and that the act is not .....
Tag this Judgment!Court : Kerala
Reported in : [1973]89ITR167(Ker)
..... a copy of this judgment under the seal of the high court and the signature of the registrar will be forwarded to the appellate tribunal as required by sub-section (6) of section 60 of the agricultural income-tax act, 1950. ..... we find that the interest in question is allowable under section 5(h) or 5(i) of the agricultural income-tax act, 1950, even if the amount of loan has been utilised for purpose of development of the estate. ..... thereafter explanation 2 was added to section 5 of the agricultural income-tax act, 1950, which is worded in this manner :' explanation 2. ..... this is a reference at the instance of the commissioner of agricultural income-tax, kerala, by the kerala agricultural income-tax appellate tribunal under section 60(1) of the agricultural income-tax act, 1950. ..... this explanation came up for consideration by this court again in commissioner of agricultural income-tax v. ..... ) reversing the decision of this court in travancore rubber and tea co. ..... the supreme court interpreting section 5(j) came to the conclusion that expenditure laid out for the upkeep and maintenance of immature plants is also allowable under section 5(j) in the decision in travancore rubber and tea co. ..... 4,204 is allowable under section 5(h) or 5(i) of the agricultural income-tax act '2. .....
Tag this Judgment!Court : Kerala
Reported in : [1965]56ITR193(Ker)
..... of the case, without any order as to costs.a copy of this judgment under the seal of the high court and the signature of the registrar will be forwarded to the appellate tribunal as required by sub-section (6) of section 60 of the agricultural income-tax act, 1950 ..... income has necessarily to be apportioned, the element referable to the manufacturing process being taxable by the union under the indian income-tax act, 1922, and the element referable to the agricultural activities being taxable by the state under the agricultural income-tax act, 1950.rule 24 of the indian income-tax rules, 1922, provides :'income derived from the sale of tea grown and manufactured by the ..... cases of best judgment assessments, in cases where the assessment under the indian income-tax act, 1922, has not been made or finalised and in cases where the accounting year of an assessee for the purposes of the indian income-tax act, 1922, and the agricultural income-tax act, 1950, is not identical but different.our attention was drawn to the unreported decision of a division bench of this court in t.r.c. no. ..... second from page 89 of the judgment of the supreme court.section 2(a) of the agricultural income-tax act, 1950, defines 'agricultural income'. ..... that was a case, not under the agricultural income-tax act, 1950, but under the madras plantations agricultural income-tax act, 1955; and in view of that and of rule 7 of the madras plantations agricultural income-tax rules, 1955, we did not consider it necessary to .....
Tag this Judgment!Court : Kerala
Reported in : [1966]60ITR350(Ker)
..... do so, but in the circumstances of the case without any order as to costs.a copy of this judgment under the seal of the high court and the signature of the registrar will be sent to the appellate tribunal as required by sub-section (6) of section 60 of the agricultural income-tax act, 1950.questions answered in the negative. ..... 'section 10(2)(xv) of the indian income-tax act, 1922, corresponds to section 5(j) of the agricultural income-tax act, 1950.in this case also there is nothing on record to show that there was any connection between the purpose of the payment and the future conduct of the business of the ..... hartlys service.section 5 of the agricultural income-tax act, 1950, provides that the agricultural income of a person shall be computed after making the deductions mentioned in that ..... this is a reference by the agricultural income-tax appellate tribunal, trivandrum, under section 60(1) of the agricultural income-tax act, 1950. ..... commissioner of income-tax, the supreme court formulated the test to be applied as follows :'was the payment made as a matter of practice which affected the quantum of salary or was there an expectation by the employee of getting a gratuity or was the sum of money expended on the ground ..... it was also submitted that the company had acted not with any oblique motive and its good faith was not in doubt, and in support of the contention several cases were relied ..... passage was quoted with approval and applied by the supreme court in commissioner of income-tax v. .....
Tag this Judgment!Court : Kerala
Reported in : [1973]90ITR496(Ker)
..... a copy of this judgment under, the seal of the high court and the signature of the registrar will be sent to the appellate tribunal as required by sub-section (6) of section 60 of the agricultural income-tax act, 1950. ..... we are not therefore considering the effect of the decisions the madras high court in commissioner of income-tax v. k. s. ..... this is a reference at the instance of the commissioner under section 60(1) of the agricultural income-tax act, 1950 (hereinafter referred to as ' the act '). ..... according to him, it is not necessary in all cases that the income must be derived by the very same person who had undertaken the basic agricultural operations as explained by the supreme court in commissioner of income-tax v. ..... the question has been answered by this court in the decision in i.t.rs. ..... the definition in section 2(a) of the act is in these terms: ' 2. ..... whether the interest payable on arrears of rent in respect of land used for agricultural purposes is agricultural income within the definition of that phrase contained in section 2(1) of the indian income-tax act, 1922. ..... --in this act, unless there is anything repugnant in the subject or context,--(a) ' agricultural income means- (1) any rent or revenue derived from land which is used for agricultural purposes and is either assessed to land revenue in the state or subject to a local ..... the question is whether these amounts can be said to be agricultural income within the meaning of that expression as defined in section 2(a) of the act.3. .....
Tag this Judgment!Court : Kerala
Reported in : [1964]51ITR129(Ker)
..... no costs.a copy of this judgment under the seal of the high court and the signature of the registrar will be forwarded to the appellate tribunal as required by sub-section (6) of section 60 of the agricultural income-tax act, 1950. ..... this is a reference under section 60 (1) of the agricultural income-tax act, 1950, by the kerala agricultural income-tax appellate tribunal, trivandrum. ..... the sale proceeds of such trees cannot possibly amount to a revenue and we must answer the first question referred in the negative and against the department.the kerala surcharge on taxes act, 1957, came into force after the expiry of the accounting period, but before the expiry of the assessment year. ..... they are;'(i) whether the amount realised by the sale of gravelia firewood is a revenue receipt liable to tax under the kerala agricultural income-tax act (ii) whether any surcharge can be levied on the agricultural income-tax payable for the assessment year 1957-58 ? ..... the contention of counsel for the assessee is the fact that the act came into force only after the expiry of the accounting period precludes its application to the case before us.it is true that the subject of the charge is the income of the previous year. ..... but, as pointed out by the supreme court in commissioner of income-tax v. ..... the accounting period with which we are concerned is the year ended december 31, 1956, and the assessment year is the financial year 1957-58.two question have been referred to this court for decision. .....
Tag this Judgment!Court : Kerala
Reported in : [1977]110ITR372(Ker)
..... a copy of this judgment under the seal of the high court and the signature of the registrar will be sent to the agricultural income-tax appellate ..... 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 ..... : [1968]68itr200(sc) ' we have, therefore, reached the conclusion that the question of law referred to the high court cannot be answered in view of the defective finding by the appellate tribunal which is recorded without consideration of all ..... 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. ..... be open to the tribunal to dispose of the appeal under section 66(5) of the indian income-tax act, 1922, in the light of the observations made by this court after determining the questions which ought to have been decided.'6. ..... it will be open to the appellate tribunal to rehear the appeal under section 66(5) of the act and record a clear finding after hearing the parties and after considering all the relevant material in the case as to whether the amount ..... paid by the respondent-company to the managing agents on the termination of the managing agency agreement was an admissible deduction under section 10(2)(xv) of the income-tax act. .....
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