Court : Guwahati
..... in course of its business it purchases various seeds from the registered growers or from various corporations like west bengal seeds corporation, national seeds corporation, state firm corporation of india, etc. the petitioner-corporation makes entire sales to the agricultural department of the state government under various schemes.5. section 9(1) of 'the act 1993' provides ..... dictionary, as any kind of grain used as food and for 'pulses' as 'edible seeds, peas, beans, lentils, etc.'. according to the state the petitioner/corporation, deals in 'seeds' which is meant for the purposes of germination, leading to reproduction through cultivation and not for the purpose of use as ..... this case, the two meanings of 'timber', the legal and the popular, coalesce and are broadly subsumed in each other.29. in state of rajasthan v. rajasthan agricultural input dealers association : air1996sc2179 , the honourable supreme court has observed as below:it is undoubtedly true that foodgrains per se could be .....
Tag this Judgment!Court : Guwahati
..... and not a single discrepancy was noted therein. it was further contended that these registers were regularly checked by different authorities namely superintendent of taxes, assam state agricultural marketing board and the director of food and civil supplies. further these registers were duly checked and signed by various officials of these organisations and no adverse ..... record by the assessing officer except the disparity in consumption of electric power. the honble kerala high court in the case of st. teresas oil mills v. state of kerala : [1970]76itr365(ker) , held that the mere fact that there was disparity in the consumption of electricity would not justify the rejection of ..... per quintal of paddy milled from month to month indicate that quantity of milling shown in the books of accounts month-wise, does not reflect the true state of affairs of the assessees business. the assessing officer, therefore, invoked the provision of section 145 of the income tax act, 1961, and rejected the .....
Tag this Judgment!Court : Guwahati
..... and the rules is indispensable.82. the constitution of the state agricultural marketing board (also referred to as the 'board'), is provided by section 3 of the act. it is constituted of a chairman and 17 other members to be nominated by state government. it is a body corporate having perpetual succession and a common seal with the power, ..... benefit of the service. it was also underlined that for a levy to be a fee the realization need not be credited to a separate fund and not to the consolidated fund of the state or to be separately appropriated towards the expenditure for rendering the service. the plea taken on behalf of the traders against ..... to be defrayed out of the market development fund or market committee fund depending on the account in which it had been credited.the various provisions of the act demonstrate in unequivocal terms that the state government, the board and the market committee(s) for the respective market area have been assigned roles complementary to each otherso .....
Tag this Judgment!Court : Guwahati
..... will have to sign the identification certificate with his seal. scheme : schemes approved by the drda/ffda/nabard/dic/sc/st/ corporation/kvic and other development departments of the state government. ceiling of loan amt. : loans under this programme to an individual will not exceed rs. 5,000/- for proposals not ..... reserves.15. ordinary banking business, accordingto sayers, consists of changing cash for bank deposits and bank deposits for cash;transferring bank deposits from one personor corporation to another; granting of loans; giving bank deposits in exchange for bills of exchange, etc. the commercial banks are to maintain liquidity. liquidity generally ..... 18. in the welfare state of ours it is natural for the commercial banks to be informed of the social needs. rural credit is one of the main concerns of the reserve bank of india. indian economy being still predominantly agricultural, rural credit is considered to be important for agricultural economic development of the country .....
Tag this Judgment!Court : Guwahati
..... carried on by it, if it is -(a) a society engaged in carrying on business of banking or providing credit facilities to its members; or(b) a society engaged in a cottage industry; or(c) a society engaged in the marketing of the agricultural produce of its members; or(d) a society engaged in the purchase of ..... . - for the purposes of this section, "an urban consumers co-operative society" means a society for the benefit of the consumers within the limits of a municipal corporation, municipality, municipal committee, notified area committee, town area or cantonment."the petitioners case, in brief, is that the securities in question are trading assets and part of ..... aforesaid provision of the act.our attention has been drawn by mr. k. roy, the learned counsel appearing for the petitioner, to commissioner of income-tax v. bombay state co-operative bank ltd. : [1968]70itr86(sc) , in support of his submission that the securities are part of the petitioners circulating capital. in that case, their .....
Tag this Judgment!Court : Guwahati
..... on by it, if it is-- (a) a society engaged in carrying on the business of banking or providing credit facilities to its members ; or (b) a society engaged in a cottage industry; or (c) a society engaged in the marketing of the agricultural produce of its members; or (d) a society engaged in the purchase of ..... explanation.--for the purposes of this section, 'an urban consumers' co-operative society' means a society for the benefit of the consumers within the limits of a municipal corporation, municipality, municipal committee, notified area committee, town area or cantonment '7. the petitioner's case, in brief, is that the securities in question are its trading assets ..... provision of the act. 12. our attention has been drawn by mr. k. roy, the learned counsel appearing for the petitioner, to commissioner of income-tax v. bombay state co-operative bank ltd. : [1968]70itr86(sc) , in support of his submission that the securities are part of the petitioner's circulating capital. in that case, .....
Tag this Judgment!Court : Guwahati
..... cabinet decision in procuring their requirements of agricultural inputs from it.28. the above views, in essence, were reaffirmed in a meeting convened by the minister of state agriculture, attended by the top brass of the state administration as well as the managing director of the corporation, following which, w.p. (c) ..... no. 2346/2003, preferred by the assam krishi karmachari santha, impugning a tender process for procurement of agricultural implements by side-tracking the corporation was ..... permitted to retrace their path. the learned counsel while indicating against any possibility of revival of the corporation, has contended that sufficient number of vacant posts in the agriculture department of the state to accommodate the petitioners being presently available, the ineluctable stand of the respondents against their absorption is .....
Tag this Judgment!Court : Guwahati
..... for the transfer theireof from the landlords to the tenants. the enactment thus affected relations between landlords and tenants provided for transfer and alienation of agricultural lands, aimed at land improvement and broadly stated, was a leigislation in regard to rights in or over land, covered by entry 18 of list it of the seventh schedule to the ..... in a narrow and pedantic sense but should be given a large and liberal interpretation. it was observed by the judicial committee of the privy council in 'british coal corporation v. the king' 1935 ac 500 : (air 1935 pc 158) that 'in interpreting a constituent or organic statute such as the act, that construction most ..... however, cannot be stretched too far and cannot be carried to the extent of always holding that there must be some undisclosed and unknown reason for subjecting certain individuals or corporations to hostile and discriminatory treatment (vide gulf colarado etc. v. w. h. ellis (1897) 165 u.s. 150 : 41 law ed. 666) there may be .....
Tag this Judgment!Court : Guwahati
..... were not agriculturists. the learned lower appellate court also observed that the defendants were not agriculturists and there is also no evidence that they held the land for agricultural purpose through hired labourers. 26. though the pleaded case of the plaintiff was that the defendants are traders and doing various businesses and have a shop and ..... plaintiffs, and more so, in view of presumption attached under section 58 of the tenancy act, to prove that defendants were not agriculturists. dw-3, in his evidence, had stated that defendants are agriculturists and he himself does cultivation along with ..... the suit land. though he stated that defendant no.1 has a shop, he did not produce any documentary evidence relating to shop. it is also not mentioned what kind of a shop the defendant no.1 has. it came out from his evidence that within the tea estate there are agricultural lands. it is for the .....
Tag this Judgment!Court : Guwahati
..... be treated as an expenditure wholly and exclusively laid out for the purposes of earning or deriving the agricultural income. further he urges that in computing the income under the state act, deductions, if specifically provided for under the state act, are only allowable. if such deductions are, however, also allowable under the central act and ..... of workmen and staff welfare as the same was incurred wholly and exclusively for earning and deriving the agricultural income under section 8(2)(f)(vii) of the assam agricultural income-tax act, 1939 (hereinafter referred to as 'the state act'). 2. the facts in a nutshell are as follows : the petitioner is a public limited ..... gauhati, and contended that under the second proviso to section 8(2) of the state act of 1939 and rule 5 of the state rules, 1939, deductions claimed and incurred wholly and exclusively for purposes of earning or deriving the agricultural income and which have not been allowed in the computation of the assessment under the .....
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