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The court ruled that a duty may be enjoined on the taxpayer to make correct disclosure of income but if such a disclosure is based on opinion of an expert, (a registered valuer in this case) only because his opinion is not accepted or another expert gives a contrary opinion, same by itself may not be sufficient for arriving at conclusion that the taxpayer has furnished inaccurate information warranting penalty.
Notification No. 233 – Income Tax In exercise of the powers conferred by section 120 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following further amendment to the Notification of the Government of India, Ministry of Finance, (Department of Revenue), Central Board of Direct Taxes, number S.O. 888(E) dated the 17th September, 2001, namely
Notification No. 232 – Income Tax In exercise of the powers conferred by section 118 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following further amendment to the Notification of the Government of India, Ministry of Finance and Company Affairs (Department of Revenue), number SO. 279(E) dated the 12th March, 2003, namely
The approved organization shall maintain a separate statement of donations received and amounts applied for scientific research and a copy of such statement duly certified by the auditor shall accompany the report of audit referred to above.
The approved organization shall maintain a separate statement of donations received and amounts applied for scientific research and a copy of such statement duly certified by the auditor shall accompany the report of audit referred to above.
Notification No. 229 – Income Tax It is hereby notified for general information that the organization Matrivani Institute of Experimental Research and Education, Kolkata has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with Rules 5C and 5E of the Income-tax Rules, 1962 (said Rules), with effect from 1.4.2004
Notification No. 228 – Income Tax It is hereby notified for general information that the organization Mudra Foundation for Communication, Research & Education, Ahmedabad has been approved by the Central Government for the purpose of clause (iii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (said Act), read with rules 5C and 5E of the Income-tax Rules, 1962 (said Rules) with effect from
Court noted that basic requirement of Sec.53A of TPA is a written agreement and Sec.2(47)(v) can be invoked only if conditions laid out in Sec.53A are fulfilled. In the instant case there was neither any written agreement between the Assessee and builder nor any consideration received by her thus 53A of TPA can’t come into play as a result of which 2(47)(v) can’t be invoked. Thus it held that there was no transfer in the instant case within the meaning of Sec.2(47)(v) of the Act and since there is no transfer, question of resulting profit and capital gain doesn’t arise.
The question brought before us by the Revenue is, as to whether the income from sale of plants grown directly in the pots and the sale of seeds, can be treated as agricultural income within the meaning of section 2(1) of the Income-tax Act, 1961? The finding of the Tribunal is that the plants were not grown in the pots directly, but they are, after several operations carried out in the land, viz., cutting, gootying and inarching for the plants, transplanted in suitable containers, including pots and kept in the green house or in shade, and the trees were grown on the land directly.
Depending on the facts, nursery income may or may not be agricultural income. We are giving here two HC judgements that will help you. You can always file a return for AY 07-08 claiming nursery income as agriculture income(if facts permit so) and this would not be concealment or furnishing inaccurate particulars of income.