Judgment Search Results Home > Cases Phrase: the plantations labour act 1951 Court: income tax appellate tribunal itat mumbai Page 1 of about 17 results (0.159 seconds)

income-tax Officer Vs. Srichand Hariram

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... as per the webster comprehensive dictionary (international edition) the word 'plantation' is defined as under : "plantation : (1) any place that is planted; especially a farm or estate of many acres in the southern united states planted in cotton, tobacco, rice or sugarcane, and formerly worked by slave labour. ..... or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed in computing the total income of the assessee, the following deductions, namely :- (a) a deduction of an amount equal to one per cent of the export turnover of such goods or merchandise during the previous year; and (b) a deduction of an amount equal to five per cent of the amount by which the export turnover of such goods or merchandise during the previous year exceeds the export turnover of such goods or merchandise during ..... reply - section 80hhc as inserted in the income-tax act by the finance act, 1983 with effect from 1-1-1983 is not applicable to the export of agricultural primary commodities but not the produce of plantations. ..... cit(a) erred in allowing deduction claimed under section 80hhc of the income-tax act on the exporting of agricultural primary commodities." 3. ..... (5) the act of planting." 11. .....

Hindustan Trading Co. Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)18ITD69(Mum.)

..... he also faintly argued that, in any event, they would be produce of plantation to be out of sub-section (2)(b)(j) of section 80hhc.shri jetley, the learned standing counsel for the revenue, formulated four points in reply and they are : (i) horticulture is only a part of agriculture and, therefore, fruits and vegetables are agricultural commodities ; (ii) that in india agriculture includes horticulture; (iii) that agricultural ..... it was stated that agricultural commodity has not been defined in the act and, therefore, the popular and commercial meaning to this term must be taken as distinct from the scientific or technical meaning as noticed in kanga & palkhivala's treatise on law and practice of income-tax, ..... pointed out, that 'agriculture' in its real sense means cultivation of a field involving of human skill and labour. ..... considering the judicial opinion amongst the various courts on the diversity as to the scope of agriculture, their lordships have summed up : in considering the connotation of the term 'agriculture' we have so far thought of cultivation of land in the wider sense as comprising within its scope the basic as well as the subsequent operations described above, regardless of the nature of the products raised on the land ..... these products may be grain or vegetables or fruits which are necessary for the sustenance of human beings including plantations and groves, or grass or pasture for consumption of beasts or articles of luxury such as betel, coffee, tea, spices, .....

Tata Chemicals Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)72ITD1(Mum.)

..... in this case the provisions of section 5(e) of the madras agricultural income-tax act were considered.the assessee claimed that interest paid by him on monies borrowed for the purpose of purchasing plantations was allowable as deduction under section 5(e) of the said act as expenditure laid out wholly and exclusively for the purpose of the plantation. ..... it is noteworthy that though section 5(k) of the said act provided for deduction of interest paid on monies borrowed and actually used in the plantation in the previous year, the assessee's claim was not founded on this provision. ..... the claim was upheld by the supreme court by holding that in principle there was no difference between interest paid on monies borrowed for acquiring a plantation and on monies borrowed for the purpose of the existing plantation; both are for the purpose of the plantation. mr. ..... we have gone through the letter which imposes various terms and conditions for the issue of the industrial licence under the industries (development & regulation) act, 1951. .....

Glaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)18ITD226(Mum.)

..... earlier, the privy council in maharajah of pithapuram's case (supra) observed that under the express terms of section 3 of the indian income-tax act, 1922 ('the 1922 act') the subject of charge is not the income of the year of assessment but the income of the previous year.in that case, section 16(1)(c) of the 1922 act, which was amended by the income-tax (amendment) act, 1939, was held to apply to the assessment year 1939-40 although the subject of charge was the income of the accounting year 1938-39. ..... the court came to this conclusion on analysing the language of section 23a as well as the amendment introduced by the finance act, 1959 which, according to the high court, intended the revised percentages to be applicable only prospectively from 1-4-1960.the court further observed that tax cannot be levied by implication.the court, therefore, was of the opinion that the revised percentages would not be applicable and only the percentages operative in the previous year would be operative in that case.24. ..... we have perused the said decision of the hyderabad bench where for holding that the cash allowances are not perquisites, reliance was placed on manjushree plantations ltd. ..... isthmian steamship lines 1.1951] 20 itr 572, 577 (sc) and m.kr. .....

Grasim Industries Ltd Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... 632 of the report : "having considered the rival submissions at the bar, though we find considerable force in the arguments advanced by learned counsel appearing for the appellant, but in the facts and circumstances of the present case, on going through the order of the tribunal as well as the question referred by the tribunal for being answered by the high court and the arguments advanced before the tribunal as well as in the high court by counsel appearing for the assessee, it is not possible for us to hold that any such contention, as was advanced before ..... 72,197 on rural development, the assessee's claim is that such expenditure was incurred in different areas to attract the required labour force and as also for the upliftment of rural population, which includes such labour force and their relations.the disallowance was made by the ao and upheld by the cit(a) on the ground that assessee has not produced any evidence to prove that such expenditure has been incurred for the purposes of business. ..... the learned counsel for the assessee submitted that royalty and tax are two separate things and are separately dealt with under the it act and one has to see the context in which the decision was rendered, before applying the same to the facts of a particular case.he referred to the decision of the supreme court in the case of cit vs.sun engineering works (p) ltd ..... 543, in our opinion has to be allowed in view of the decision of the supreme court in the case of malayalam plantations ltd. .....

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)96ITD1(Mum.)

..... dealt it is said that in revenue cases there is a doctrine that the court may ignore the legal position and regard what is called, "the substance of the matter" and that here the substance of the matter is that the annuitant was serving the duke for something equal to his former salary or wages and that, therefore, while he is so serving, the annuity must be treated as salary or wages.the supposed doctrine (upon which the commissioners apparently acted) seems to rest for its support upon a misunderstanding of language ..... -tax on a capital gain, it will be open to the income-tax authorities to go behind the transaction and examine whether the transaction of creating the partnership is a genuine or a sham transaction and, even where the partnership is genuine, the transaction of transferring the personal asset to the partnership firm represents a real attempt to contribute to the share capital of the partnership firm for the purpose of carrying on the partnership business or is nothing but a device or ruse to convert the personal asset into money substantially for the benefit of the assessee while evading tax on a capital ..... the word "business" though of large and indefinite import connoted something which occupied the attention and labour of a person for earning profit. ..... irc (1951) 32 tc 211, form was instated. .....

Usv Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106TTJ(Mum.)535

..... [(see para 10(c)(l) and (ii)] before as well as subsequent to the orders of the clb, (iii) the assessee company having recorded incremental growth during the subsistence of the disputes and, (iv) as concluded above, the facts of the case not disclosing any nexus between the impugned expenditure and the business of the assessee company, the inference is inescapable that the 'family arrangement' arrived at by the disputants was a sequel to a change of heart that was legitimatised by praying to the clb for formal concurrence. ..... in our humble opinion, in that case the hon'ble jurisdictional high court found that the export activities and the labour charges carried by the assessee were identical, hence, the hon'ble court extended the deduction under section 80hhc in a very limited manner; however the court did not overrule the earlier decisions of the hon'ble bombay high court in the case of cit v. ..... (1967) 63 itr 83 (p&h), wherein the hon'ble high court held, the expenses incurred by the company to resist application to court by shareholders under the relevant provisions of companies act questioning the appointment of the directors of the assessee company could not be considered as an expenditure laid out or expended wholly and exclusively for the purpose of business of the assessee company. ..... malayalam plantations ltd. ..... malayalam plantations ltd. ..... malayalam plantations ltd. .....

Cybertech Systems and Software Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)3SOT121(Mum.)

..... " means an undertaking which has been approved as a hundred per cent export-oriented undertaking by the board appointed in this behalf by the central government in exercise of the powers conferred by section 14 of the industries (development and regulation) act, 1951 (65 of 1951), and the rides made under that act; (ii) "relevant assessment years" means the five consecutive assessment years specified by the assessee at his option under sub-section (3) or sub-section (5), as the case may be; (c) recording of programmes on any disc, tape, perforated media or other information storage ..... " means an undertaking which has been approved as a hundred per cent export-oriented undertaking by the board appointed in this behalf by the central government in exercise of the powers conferred by section 14 of the industries (development and regulation) act, 1951 (65 of 1951), and the rules made under that act; (ii) "relevant assessment years" means the five consecutive assessment years specified by the assessee at his option under sub-section (3) or sub-section (5), as the case may be; (c) recording of programmes on any disc, tape, perforated media or other information storage .....

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... have dealt it is said that in revenue cases there is a doctrine that the court may ignore the legal position and regard what is called, "the substance of the matter" and that here the substance of the matter is that the annuitant was serving the duke for something equal to his former salary or wages and that, therefore, while he is so serving, the annuity must be treated as salary or wages.the supposed doctrine (upon which the commissioners apparently acted) seems to rest for its support upon a misunderstanding of ..... income-tax on a capital gain, it will be open to the income-tax authorities to go behind the transaction and examine whether the transaction of creating the partnership is a genuine or a sham transaction and, even where the partnership is genuine, the transaction of transferring the personal asset to the partnership firm represents a real attempt to contribute to the share capital of the partnership firm for the purpose of carrying on the partnership business or is nothing but a device or ruse to convert the personal asset into money substantially for the benefit of the assessee while evading tax on a ..... . the word "business" though of large and indefinite import connoted something which occupied the attention and labour of a person for earning profit ..... . irc (1951) 32 tc 211, form was instated .....

Star India (P) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)103ITD73(Mum.)

..... for disallowance particularly when there is no express provision regarding the mandatory appearance of the name of the assessee in the act for allowance of advertisement expenses.9.2 the learned cit(a) after considering the submissions made by the assessee and the cases cited by the assessee was of the opinion that the expenses had a bearing on the business of the assessee and accordingly allowed 20 per cent of the advertisement expenses.9.3 on this fact and background, the moot questions, which requires consideration are as follows: (i) whether the expenditure incurred on advertisement can be termed as incurred by ..... . on 28th dec, 1950 and 1951 that if the directors having regard to the results of the working of the managed company were of the opinion that a lesser remuneration should be paid to the managing agent for any of the two years the directors shall have the right to fix such lesser remuneration either by way of a lump sum or at a reduced percentage rate and the managing agent shall be bound to accept the same ..... . to acquire by labour, service or performance. 2 .....