State of Maharashtra - Act
The Maharashtra Agricultural Income-Tax Rules, 1962
MAHARASHTRA
India
India
The Maharashtra Agricultural Income-Tax Rules, 1962
Rule THE-MAHARASHTRA-AGRICULTURAL-INCOME-TAX-RULES-1962 of 1962
- Published on 12 January 1963
- Commenced on 12 January 1963
- [This is the version of this document from 12 January 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Maharashtra Agricultural Income-tax Rules, 1962.2. Definitions.
- In these rules, unless the context otherwise requires,-3. Allowances on Account of Depreciation.
| Serial No. | Classification of Irrigation or Protective Workor other Capital Asset | Rate (percentage on written down value) |
| (1) | (2) | (3) |
| 1 | Pucca Buildings | 2 ½ |
| 2 | Kutcha Buildings | 7 ½ |
| 3 | Kutcha and Pucca Buildings | 5 |
| 4 | Temporary Structures | 15 |
| 5 | Pucca Wells | 1 |
| 6 | Fencing of Substantial Material | 5 |
| 7 | Tanks | 2 ½ |
| 8 | Irrigation Channel Pucca | 5 |
| 9 | Irrigation Channel Kutcha | 10 |
| 10 | Kutcha Irrigation Wells | 20 |
| 11 | Pucca Irrigation Wells | 2 |
| 12 | Bullock drawn Iron Implements | 5 |
| 13 | Bullock drawn Wooden or Leather Implements and other SmallHand Implements | 20 |
| 14 | Weighing Machine | 5 |
| 15 | Tractors and Oil Engines and their Implements | 10 |
| 16 | Power Pumping Machinery | 10 |
| 17 | Factory-made Cart of Iron Material with Rubber-Tyred Wheels(Dunlop Cart) | 5 |
| 18 | Country Cart | 15 |
| 19 | Steam Engine | 5 |
| 20 | Workshop Tools | 10 |
| 21 | General (Machinery, Implements, Plants and other Assets) notprovided for in any of Items 1 to 20 above specifically | 5 |
4. Determination of Market Value of Agricultural Produce.
- For the purpose of the Act, the market value of any agricultural produce shall, except in the case referred to in clause (a) of the proviso to sub-section (1) of section 9, be determined in the following manner, that is to say : -5. Computation of Allowance on Mixed Income.
- Where an allowance admissible under sections 7, 8 and 9 is in respect of a common charge incurred for the purpose of deriving both agricultural income assessable under the Act and income chargeable under the Income-tax Act, such allowance shall, except in the case referred to in clause (b) of the proviso to sub-section (1) of section 9, be calculated as such proportion of the common charge as such agricultural income bears to the total of such agricultural income and income chargeable under the Income-tax Act in respect of which such common charge is incurred.6. Mode of Calculation of Tax on Unexempted Agricultural Income.
- Where there is included in the total agricultural income of an assessee any agricultural income exempted from assessment of tax under the provisions of section 11, the tax already paid on the exempted portion shall be deducted from the total tax payable by the assessee.7. Subordination of Officers.
- For the purpose of sub-section (9) of section 20, the subordination of officers and persons shall be as follows, that is to say -8. Form of Notice under section 22(1) and the Other Manner of its Publication.
9. Return of Agricultural Income.
- The return of total agricultural income for individuals, Hindu undivided families, companies, firms and associations of persons or bodies of individuals required under sub-section (1) or sub-section (2) of section 22, shall be in Form 3 and shall be verified in the manner indicated therein and signed by -10. Application for Extension of Time for Filing Return of Agricultural Income.
- The application to the Agricultural Income-tax Officer under the proviso to sub-section (1) or the proviso to sub-section (2) of section 22 for seeking an extension of date for furnishing the return of agricultural income shall be in Form 4.11. Mode of payment of Tax under section 22(4).
- Every assessee required to pay the tax in accordance with the provisions of sub-section (4) of section 22 shall pay into the Government treasury the tax due and payable according to his return, and shall submit to the Agricultural Income-tax Officer one copy of the receipted challan in Form 5 along with the return.12. Notice of Assessment.
- The notice required by sub-section (2) of section 23 shall be in Form 6 and the date fixed for compliance therewith shall not be earlier than fifteen days from the date of service thereof.13. Form of Order of Assessment.
- The order of assessment under section 23 or 41 shall be in Form 7.14. Form of Notice of Demand.
- The notice of demand under section 30 shall be in Form 8.15. Appeals to the Assistant Commissioner.
- An appeal under section 31 to the Assistant Commissioner shall, -16. Appeal to Tribunal.
- An appeal under section 33 to the Tribunal shall be in Form 15.17. Signing of Forms of Appeal and Forms of Verification.
- The forms of appeal prescribed by rules 15 and 16 and the forms of verification appended thereto shall be signed by a person who is entitled to sign the return under rule 9. Such forms of appeal shall also be signed by the authorised representative, if any, of the appellant.18. Memorandum of Appeal to be accompanied by Certified Copy of Order appealed against etc.
- The Memorandum of Appeal before the Assistant Commissioner or the Tribunal shall be accompanied by a certified copy of the order appealed against and two copies of the grounds of appeal.19. Manner of Presentation of Appeals to Assistant Commissioner or Tribunal.
- An appeal may be presented either in person or by an authorised representative to the Assistant Commissioner, or as the case may be, to the Tribunal within the period specified in sub-section (2) of section 31, or as the case may be, sub-section (1) of section 33. An appeal may also be sent by registered post addressed to the Assistant Commissioner, or as the case may be, to the Tribunal so as to reach him or it within that period.20. Court-fees.
- The value of the court-fee stamps under section 36 shall be as follows, namely| (a) | on a memorandum of appeal to the Assistant Commissioner undersection 31. | Rs. 5. |
| (b) | on an appeal to the Tribunal under section 33. | 5 per cent, of the amount in dispute calculated to the nearestrupee subject to the minimum of Rs. 5 and maximum of Rs. 100. |
| (c) | on an application for revision to the Commissioner undersection 34. | Rs. 5. |
21. Form of Reference Application.
- A reference application under section 39 requiring the Tribunal to refer to the High Court any question of law, shall be in Form 16.22. Period for which Accounts, Registers, etc. to be proved.
- Every assessee and every person on whom a notice has been served under sub-section (1) of section 46 shall preserve all books of accounts, registers and other documents including bills, cash memoranda, invoices, vouchers and other documents relating to his agricultural income for a period of not less than three years from the expiry of the year to which they relate.23. Form of Notice for Production of Documents.
- Where the Commissioner requires any assessee to produce any accounts or documents or to furnish any information under section 47 he shall issue a notice therefor in Form 17.24. Notice of Inspection.
- Unless the Commissioner deems it necessary to make a surprise visit, he shall give reasonable notice in writing to the assessee of his intention to inspect the books of accounts, registers, vouchers and other documents and in fixing the date, time and place for the purpose, shall, as far as possible, have due regard to the convenience of the assessee.25. Retention of Books of Accounts, Registers and Documents seized.
- Where the Commissioner seizes any books of accounts, registers, or documents of any assessee under section 47, he shall not retain them for more than 21 days without recording his reasons in writing for so doing :Provided that, where an officer below the rank of Deputy Commissioner (by virtue of powers of the Commissioner under section 47 delegated to him) seizes any books, registers or documents, he shall not retain them, or cause them to be retained, for a period exceeding six months unless an officer not below the rank of a Deputy Commissioner having jurisdiction over the local area in which the place of assessment is situated has for reasons to be recorded in writing authorised the retention of the books, registers, or documents so seized for a longer period :Provided further that, such longer period shall not be more than six months at a time.26. Application for Refund.
- An application for a refund of tax under section 53 shall be made in Form 18. Every such application shall be signed by the claimant and his authorised representatives, if any, and it may be presented by the applicant either in person or through such authorised representative.27. Composition of Offences.
28. Qualifications of Agricultural Income-tax Practitioner.
29. Copies of Documents.
| (i) | for the first 200 words or less- | |
| in English | 75 n P. | |
| in Hindi or in any regional language | 40 n P. | |
| (ii) | for every additional 100 words or fraction thereof- | |
| in English | 40 n P. | |
| in Hindi or in any regional language | 20 n P. |
| Description of irrigation or protective work orother capital asset constructed or acquired after thecommencement of this Act. | Written down value, as at the beginning of theaccounting period. | Capital expenditure during the year for addition,alteration, improvements and extensions. | Date from which the additions, etc, mentioned incolumn 3 have been used for the purpose of agriculture. |
| 1 | 2 | 3 | 4 |
| Written down value as at the beginning of theaccounting year, of any machinery or plant used exclusively foragricultural purpose but sold or discarded during the year andthe value for which such machinery or plant is actually sold orits scrap value with the dates on which first brought in use andsold or discarded. | Amount on which depreciation is now claimed. | Prescribed rate of depreciation. | Amount of depreciation allowance claimed. | Remarks. |
| 5 | 6 | 7 | 8 | 9 |
| Sources of agricultural income (see paragraph 3of the Notes for guidance) | AmountRs. n P. | ||
| (1) | Rent and revenue derived from land which isused for agricultural purposes and is either assessed to landrevenue in Maharashtra State or subject to a local rate assessedand collected by the officers of Government as such (Detailsshown in Schedules "A" and "B"-seeparagraph 4 of the Notes for guidance). | ||
| (2) | Income derived from such land by - | ||
| (a) | agriculture | ||
| (b) | the performance by a cultivator or receiver ofrent-in-kind of any process ordinarily employed by a cultivatoror receiver of rent-in-kind to render the produce raised orreceived by him fit to be taken to market. | ||
| (c) | the sale by a cultivator or receiver ofrent-in-kind of the produce raised or received by him in respectof which no process has been performed other than a process ofthe nature described in item (b) (Details shown in Schedule "C"-seeparagraph 5 of the Notes for guidance). | ||
| (3) | Any income derived from any building owned oroccupied by the receiver of the rent or revenue of any suchland, or occupied by the cultivator or the receiver ofrent-in-kind on any land with respect to which, or the produceof which, any process mentioned in paragraphs (ii) and (iii) ofsub-clause (b) of clause (1) of section 2 is carried on : | ||
| Provided that, the building is on or in theimmediate vicinity of the land, and is a building which thereceiver of the rent or revenue or the cultivator, or thereceiver of rent-in kind, by reason of his connection with theland, requires as dwelling house, or as a store-house, or otherout-building. | |||
| (4) | Agricultural portion of the income derived fromagriculture and business by cultivation of crops, manufactureand sale of commodities made therefrom (seeparagraphs 6,7 and 8 of the Notes for guidance). | ||
| (5) | Share in the agricultural income of any firm orassociation of persons exempt from assessment under section II(Details shown in Schedule "D"-seeparagraph 9of the Notes for guidance). | ||
| Total |
| Less Deduction - | |
| AmountRs. Ps. | |
| Share in the agricultural income of any firm or association ofpersons, as per item 5 above. | ___________ |
| Net agricultural income | ___________ |
| LessRs.. 36,000 under section 4(2) of the Act | ___________ |
| Net taxable income | ___________ |
| Amount of tax payable at the rate of fifty naye paise for eachrupee | ___________ |
| Amount paid | ___________ |
| Chalan No ..............date.............. of.... the........ Treasury/Sub-Treasury isattached hereto. | ___________ |