PLANTATION CORPORATION OF KERALA vs COMMISSIONER OF AGRICULTURAL — 1971 PTD 617

Citation: 1971 PTD 617

Court: Kerala High Court

Year: 1970

Decision Date: 1970-12-31

Parties: PLANTATION CORPORATION OF KERALA vs COMMISSIONER OF AGRICULTURAL JUDGMENT

Headnotes

Case cited as 1971 PTD 617

Judgment Text

Court Name: Kerala High Court Judge(s): M. U. Isaac, P. Narayan Pillai Title:PLANTATION CORPORATION OF KERALA vs COMMISSIONER OF AGRICULTURAL JUDGMENT Reported As: 1971 PTD 617 Result: N/A Judgment JUDGMENT ISAAC, J.----The following question of law has been referred to this Court by the Kerala Agricultural Income-tax Appellate Tribunal under section 60(1) of the Agricultural Income-tax Act, 1950, on the application of the assessee :- "Whether on- the facts and circumstances of the case, depreciation and maintenance expenditure were not allowable in respect of all the buildings as claimed by the applicant instead of limiting them to buildings which were actually let out and from which rent was actually realised?" The assessee is the Plantation Corporation of Kerala Ltd., which is a company formed for the purpose of carrying on agricultural activities. For the assessment year 1964-65 the assessee returned a not loss of Rs. 47,297. The assessee owns a number of buildings used for the occupation of its employees engaged in planting. In computing the above amount of loss the assessee showed an income of Rs. 1,669 by way of rent of buildings, occupied by some of its employees, and claimed a sum of Rs. 47,614 on account of depreciation and an amount of Rs.6,136 on account of repairs for all its buildings. The Income-tax Officer held that the rent received by the assessee was not agricultural income and that the allowances claimed were not admissible as the plantations were only…

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