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1 - 10 of 27 (0.22 seconds)Section 45 in The Income Tax Act, 1961 [Entire Act]
Section 48 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax, Bangalore ... vs B. C. Srinivasa Setty, Etc. Etc on 19 February, 1981
The Supreme Court dismissed the appeal preferred against the said judgment of the Andhra Pradesh High Court following its decision in CIT v. B. C. Srinivasa Setty .
Section 55 in The Income Tax Act, 1961 [Entire Act]
V. Venugopala Varma Rajah vs Commissioner, Agricultural Income ... on 6 October, 1971
As held in a Supreme Co.urt decision in V. Venugopala Varma Rajah v. CIT , whereby the trunk of trees of spontaneous growth are cut so that the stumps are allowed to remain in the land with the bark adhering to the stumps to permit regeneration of the trees, the receipt from the sale of the trunks would be in the nature of income. In view of the above, I hold that the Income-tax Officer was justified in treating the receipt arising on the sale of timber, as a taxable income".
State Of Kerala vs Karimtharuvi Tea Estate Ltd. on 15 December, 1965
In State of Kerala v. Karimtharuvi Tea Estate Ltd. , the Supreme Court held that the grevelia trees were capital assets and the proceeds derived by sale as firewood of those trees did not constitute income under the Kerala Agricultural Income-tax Act, 1950, but while doing so observed that there is no controversy about the fact that the owners of tea estates plant grevelia trees not for the purpose of deriving any income therefrom but solely for the purpose of providing shade for the tea plants and that such shade is essential for the proper cultivation of tea.
Travancore Tea Estates Co. Ltd. vs Commissioner Of Income-Tax on 27 July, 1984
This case was followed by the Kerala High Court in Travancore Tea Estates Co. Ltd. v. CIT .
Dr. K. A. Dhairyawan And Others vs J. R. Thakur And Others on 28 April, 1958
The Kerala High Court also took note of the decision of the Supreme Court in Dr. K. A. Dkairyavan v. J. R. Thakur, , where the Supreme Court approved the aforementioned decision of the Privy Council. The Kerala High Court thereafter concluded that the trees which stand on agricultural land, are not agricultural land in India within the meaning of Section 2(14)(iii) of the Income-tax Act, 1961. The
Kerala High Court observed that they constitute property of any kind mentioned in Section 2(14) of the Act and are capital assets and profits arising from their sale would be assessable under Section 45 of the Income-tax Act as capital gains. The Kerala High Court further observed that agricultural income as defined in the Income-tax Act, does not include gains arising from the sale of trees standing on agricultural land and thus gains arising from the sale of trees are assessable under Section 45 of the Act.
Beverley Estates Ltd. vs Commissioner Of Agricultural ... on 23 February, 1965
The same view was expressed in Beverley Estates Ltd. v. CIT and in CIT v. M. Ramaiah Reddy .