2002 (7) TMI 82 - HC - Income Tax

The question of law, which is referred to us at the instance of the assessee and as per the directions of the High Court, is as under Whether, on the facts and in the circumstances of the case, the Income tax Appellate Tribunal is right in holding that the income from shooting hire charges is not agricultural income within the meaning of section 2(1) of the Income-tax Act, 1961, for the assessment years 1980-81 and 1981-82? - we find that the Tribunal was absolutely right in declining to hold that the income earned by the assessee by permitting film producers to shoot their films in his garden is not agricultural income . In that view, we would answer the question against the assessee and in favour of the Revenue.

Issues Involved:
1. Whether the income from shooting hire charges is "agricultural income" within the meaning of section 2(1) of the Income-tax Act, 1961.

Detailed Analysis:

Issue 1: Definition and Scope of Agricultural Income
The primary issue revolves around the interpretation of "agricultural income" as defined in section 2(1) of the Income-tax Act, 1961. The assessee argued that the income from allowing film producers to shoot in "Vijaya Gardens," which is also used for agricultural activities, should be considered "agricultural income." The relevant section defines agricultural income to include:
- Any rent or revenue derived from land used for agricultural purposes.
- Income derived from such land by agriculture, processes employed by cultivators to make the produce marketable, or the sale of such produce.
- Income from buildings on or near such land used for agricultural purposes.

Issue 2: Nature of Income from Shooting Hire Charges
The assessee claimed the shooting hire charges as agricultural income, arguing that the film producers were attracted to the land because of its agricultural nature. The Tribunal and the Department contended that this income should be treated as business income, not agricultural income.

Judicial Precedents:
1. Supreme Court in CIT v. Raja Benoy Kumar Sahas Roy [1957] 32 ITR 466:
- The Supreme Court emphasized the need for basic agricultural operations (tilling, sowing, etc.) and subsequent operations (weeding, pruning, etc.) to classify income as agricultural.
- The Court held that mere connection with land does not suffice to classify income as agricultural. The operations must be directly linked to agriculture.

2. Madras High Court in State of Tamil Nadu v. V.G.P. Housing (P.) Ltd. [1993] 201 ITR 412:
- The Court reiterated that basic operations prior to germination and subsequent operations combined with basic operations are essential for income to be considered agricultural.
- Activities not involving basic operations on the land do not constitute agriculture, even if they are related to the land.

Application to the Present Case:
- The income from film shooting hire charges lacks the essential agricultural operations as outlined in the Supreme Court's judgment in Raja Benoy Kumar's case.
- The activity of film shooting does not involve any agricultural operations or processes. It merely takes place on land that might have agricultural use, which does not suffice to classify the income as agricultural.
- The nexus between the income and the land, as claimed by the assessee, is non-existent and far-fetched. Accepting such an argument would lead to absurd results where any activity on agricultural land could be claimed as agricultural income.

Conclusion:
The Tribunal correctly held that the income from shooting hire charges is not agricultural income under section 2(1) of the Income-tax Act, 1961. The judgment aligns with the principles established by the Supreme Court and the Madras High Court in previous cases. Therefore, the question is answered against the assessee and in favor of the Revenue. No costs were awarded.

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