Jammu and Kashmir Agricultural Income Tax Act, 1962
No: 21 Dated: Jul, 21 1962
THE JAMMU AND KASHMIR AGRICULTURAL INCOME TAX ACT, 1962
Act No. XXI of 1962
An Act to provide for the imposition of a tax on agricultural income.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirteenth Year of the Republic of India as follows :––
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Agricultural Income Tax Act, 1962.
(2) It extends to the whole of the State.
[(3) It shall come into force with effect from 1st day of April, 1965.]
2. Definitions. - In this Act, unless the context otherwise requires,-
[(1) "agricultural income" means-
(a) any rent or income derived from land which is either assessed to land revenue or subjected to a local rate assessed and collected by the officer of the Government as such, and is used for
(i) cultivation of saffron ;
(ii) production of fruit and fruit plants.
(iii) production of vegetables or seeds of vegetables, flowers or bulbs of flowers or flower plants ;
(b) any income derived from such land by-
(i) production or cultivation of saffron, fruit or fruit plants, vegetables or seed of vegetables, or flowers or bulbs of flowers, flower plants or plants and trees bearing fruit ; or
(ii) the performances by a cultivator or receiver of rent-in-kind of any process ordinarily employed by the cultivator or receiver of rent-in-kind to render the produce as described in clause (i) raised or received by him fit to be taken to market ; or
(iii) the sale by a cultivator or receiver of rent in kind of the produce as described in clause (i) raised or received by him in respect of which no process has been performed other than the process of the nature described in sub-clause (ii) above.]
(2) "agricultural income tax" means tax payable under, this Act ;
(3) "appellate authority" means an authority appointed by the Government for the purposes of this Act ;
(4) "assessee" means a person by whom agricultural income tax is payable ;
(5) "assessing authority" means a person authorised by the Government to assess agricultural income tax ;
(6) "Commissioner" means a person appointed by the Government to perform the duties of the Commissioner under this Act ;
[(6-a) "firm", "partner" and "partnership" have the meaning respectively assigned to them in the Jammu and Kashmir Partnership Act, Svt. 1996 ;
(6-b) "Hindu undivided family" means a Hindu undivided family governed by the Mitakshara School of Hindu Law ;]
(7) "person" means an individual or association of individuals, owning or holding property for himself or for any other, or partly for his own benefit and partly for that of another, either, as owner, trustee, receiver, manager, administrator or executor or in any capacity recognised by law, and includes an undivided Hindu family, firm or company but does not include a local authority ;
(8) "prescribed" means prescribed by rules made under this Act ;
[(9) "previous year" means the twelve months ending on the 31st day of March preceding the year for which the assessment is to be made, if the accounts of the assessee have been made up to a date within the said year then at the option of the assessee, the 12 months ending on the date on which his accounts have been so made up :
Provided that where an assessee has exercised his discretion that in his case the term "previous year" shall be taken as the period of twelve months, ending on a particular date, he shall not be entitled to vary the meaning of the term "previous year" except with the consent of the assessing authority and upon such conditions as the assessing authority may think fit to impose ;]
[(10) "registered firm" means a firm registered under the provisions of section 6-A of this Act ;
(11) "total agricultural income" means the aggregate of the amounts of agricultural income as determined in the manner laid down in this Act ;
(12) "receiver" used with reference to the receipt of agricultural income by a person shall include-
(i) receipt by an agent or servant on behalf of the principal or master respectively ;
(ii) receipts by other persons which are deemed to be his receipts under the provisions of this Act and shall also include receipts of agricultural income by way of adjustment of accounts with any other person ;
(13) "unregistered firm" means a firm which is not a registered firm.]