COMMISSIONER OF AGRICULTURAL INCOME-TAX, MADRAS vs L. K. G. (PRIVATE) — 1971 PTD 746

Citation: 1971 PTD 746

Court: Madras High Court

Year: 1970

Decision Date: 1970-12-31

Parties: COMMISSIONER OF AGRICULTURAL INCOME-TAX, MADRAS vs L. K. G. (PRIVATE) JUDGMENT

Headnotes

Case cited as 1971 PTD 746

Judgment Text

Court Name: Madras High Court Judge(s): K. Veeraswa mi, Ramaprasada Rao Title:COMMISSIONER OF AGRICULTURAL INCOME-TAX, MADRAS vs L. K. G. (PRIVATE) JUDGMENT Reported As: 1971 PTD 746 Result: petition is dismissed Judgment JUDGMENT VEERASWAMI, J.-----The Tribunal allowed a sum of Rs. 8,346 as a deduction and it is the correctness of this view that is canvassed by the State in the tax case. We are satisfied that the Tribunal is correct. The expenditure related to lopping of excess growth of the shade trees in the plantation in order that there may be proper shade and at the same time enough sunlight. The Tribunal rightly held that such expenditure was obviously in connection with the maintenance of shade trees in proper condition to see that maximum benefit is obtained from such shade trees. It may be, as it is contended for the State, that once the branches are cut, they are fit for sale and may actually be sold. Even then, ft will be a question whether the receipt by sale will be agricultural income or would be in the nature of a capital. That does not fall to be decided at the moment. It is enough to stay that it is to earn agricultural income, and in the process of agricultural operation, the expenditure has been incurred.

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