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Issues Involved:
1. Whether the income derived by the assessee from the produce of his coffee estates in Mysore is exempt from taxation under the second proviso to clause (2) of Section 4 of the Indian Income Tax Act. 2. The extent of exemption that the assessee can claim. Issue-wise Detailed Analysis: 1. Exemption of Income under Second Proviso to Section 4(2): The primary issue is whether the income derived by the assessee from his coffee estates in Mysore is exempt from taxation under the second proviso to Section 4(2) of the Indian Income Tax Act. The assessee, who owns coffee plantations in Mysore but resides in British India (Mangalore), conducts various operations such as recruitment of labor, purchase of materials, drying, and cleaning of coffee in Mangalore. The Commissioner opined that the assessee was liable to be taxed as the income was received and retained in Mangalore. The court examined whether the second proviso to Section 4(2) applied in this case. The Commissioner argued that the proviso did not apply because the profits were received in Mangalore and the agricultural processes in Mysore were merely an element in the business. The court, however, disagreed with this interpretation, referencing the decision in Commissioners of Taxation v. Kirk (1900 A.C. 588) which established that income could accrue from the agricultural processes themselves, not just the final sale. The court also considered the Calcutta High Court's decision in Mohanpura Tea Co. In re [1937] 5 ITR 118, which supported the Commissioner's view but ultimately found the reasoning unconvincing. The court held that income from agriculture could arise or accrue where the agricultural activities took place, not merely where the produce was sold. 2. Extent of Exemption: The court then addressed the extent of the exemption the assessee could claim. The assessee argued for exemption of the entire price realized from the sale of coffee in Mangalore, while the Referring Officer contended that only the value of the raw coffee beans in Mysore should be exempt. The court referred to the processes involved in preparing the coffee for sale, noting that these processes were not considered manufacturing but rather necessary steps to make the produce marketable. This interpretation aligned with the treatment of similar agricultural activities within British India, where the entire income from the sale of produce was considered agricultural income. The court concluded that the exemption under the second proviso to Section 4(2) should be interpreted in line with the definition of "agricultural income" in Section 2(1) of the Act. This meant that the entire income from the sale of the coffee, including the processes to make it marketable, was exempt from taxation. Conclusion: The court held that the whole income derived by the assessee from the sale of coffee produced in Mysore and sold in Mangalore was exempt from taxation under the second proviso to Section 4(2) of the Indian Income Tax Act. The judgment emphasized that the agricultural processes in Mysore contributed to the accrual of income, and the exemption should cover the entire income realized from these activities.
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