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PETITIONER: THE TRAVANCORE RUBBER AND TEACO., LTD.
Vs.
RESPONDENT: THE COMMISSIONER OF AGRICULTURALINCOME-TAX, KERALA
DATE OF JUDGMENT: 15/12/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. HIDAYATULLAH, M. SHAH, J.C.
CITATION: 1961 AIR 604 1961 SCR (3) 279 CITATOR INFO : RF 1964 SC 572 (2,6)
ACT: Agricultural Income Tax-Rubber Plantation-Expenditure on immature trees--Whether Permissible deduction-Travancore- Cochin Agricultural Income-tax Act, 1950 (Tr. Co. XXII of 1950), s. 5.
HEADNOTE: In computing the agricultural income of a person s. 5(f) of the Travancore-Cochin Agricultural Income-tax Act, 1950, allowed deductions of any expenditure "laid out wholly and exclusively for purpose of deriving the agricultural income". The assessee who had rubber plantations claimed that the amount expended on the maintenance and tending of immature rubber trees should be deducted in computing its agricultural income but this was disallowed on the ground that the use of the article "the" before the words agricultural income implied deduction (1) [1955] 1 S.C.R. 313 280 from the income of the year in which the trees on which the amount was expended bore income. Held, that the assessee was entitled to the deduction claim- ed. It was no answer to the claim for the deduction that these expenses produced no return in the year in question as the trees ...