Skip to content


Commissioner of Agricultural Income-tax Vs. Emerald Valley Estates Limited - Court Judgment

SooperKanoon Citation

Subject

Direct Taxation

Court

Kerala High Court

Decided On

Case Number

Income-tax Reference Nos. 63, 64 and 65 of 1978

Judge

Reported in

[1988]169ITR392(Ker)

Acts

Kerala Agricultural Income Tax Act, 1950 - Sections 5

Appellant

Commissioner of Agricultural Income-tax

Respondent

Emerald Valley Estates Limited

Appellant Advocate

Government Pleader

Respondent Advocate

P.V.V. Subramaniam, Adv.

Cases Referred

(Agrl.) v. Malayalam Plantations Ltd.

Excerpt:


- v.p. gopalan nambiyar, c.j.1. these references are at the instance of the revenue and relate to the assessment years 1972-73, 1973-74 and 1974-75. the question referred in these references is the same, viz. :'whether, on the facts and in the circumstances of the case, the expenses incurred in filing appeal, revision, reference application, etc. (claimed an legal charges) against assessment under the agricultural income-tax act, are allowable deductions in computing the agricultural income under section 5 of the agricultural income-tax act ?'2. the question so referred is covered directly in favour of the assessee and against the revenue by a recent decision of this court in cit (agrl.) v. malayalam plantations ltd. [1978] ]15 itr 624. following the said judgment, we answer the question referred in the affirmative, that is, in favour of the assessee and against the revenue. no order as to costs.

Judgment:


V.P. Gopalan Nambiyar, C.J.

1. These references are at the instance of the Revenue and relate to the assessment years 1972-73, 1973-74 and 1974-75. The question referred in these references is the same, viz. :

'Whether, on the facts and in the circumstances of the case, the expenses incurred in filing appeal, revision, reference application, etc. (claimed an legal charges) against assessment under the Agricultural Income-tax Act, are allowable deductions in computing the agricultural income under Section 5 of the Agricultural Income-tax Act ?'

2. The question so referred is covered directly in favour of the assessee and against the Revenue by a recent decision of this court in CIT (Agrl.) v. Malayalam Plantations Ltd. [1978] ]15 ITR 624. Following the said judgment, we answer the question referred in the affirmative, that is, in favour of the assessee and against the Revenue. No order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //