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PETITIONER: THE COMMISSIONER OF AGRICULTURALINCOME-TAX
Vs.
RESPONDENT: THE CALVARY MOUNT ESTATES (PRIVATE)LTD.
DATE OF JUDGMENT: 15/12/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. HIDAYATULLAH, M. SHAH, J.C.
CITATION: 1961 AIR 1099 1961 SCR (3) 285
ACT: Agricultural Income Tax-Rubber Plantation-Expenditure on immature trees-Whether permissible deduction-Madras Plan- tations Agricultural Income-tax Act, 1955 (Mad. V of 1955), s. 5(e).
HEADNOTE: The assessee owned an Estate of 590 acres out of which 235 acres were occupied by immature non-bearing rubber trees, for the maintenance and upkeep of which the respondent claimed expenses from out of the income, which was allowed both by the Agricultural Income Tax Tribunal and the High Court. The appellant came up by special leave. Held, that the provisions of s. 5(e) of the Madras Planta- tions Agricultural Income Tax Act, 1955 (Mad. V of 1955), applicable to the present case, and those of s. 5(1) of the Travancore-Cochin Agricultural Income Tax Act, 1950 (Tr. Co. XXII of 1950) being the same, the judgment in Travancore Rubber & Tea Co. Ltd. v. The Commissioner of Agricultural Income-tax, Kerala, in which the question of deductibility of sums expended for purposes of forking, manuring etc. of immature rubber trees had been decided, will govern this case. Travancore Rubber & Tea Co. Ltd. v. The Commissio...