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Issues Involved:
1. Whether section 5(j) of the Kerala Agricultural Income-tax Act, 1950, is a residuary provision. 2. Whether Explanation 2 to section 5 is intended to explain section 5(j) only or other clauses of section 5 as well. 3. If Explanation 2 applies only to section 5(j), whether it covers the entire field of section 5(j) or only a part of it. Detailed Analysis: Point No. 1: Whether section 5(j) is a residuary provision The court examined whether section 5(j) of the Kerala Act is a residuary provision similar to sections 10(2)(xv) and 12(2) of the Indian Income-tax Act, 1922, and sections 37(1) and 57(iii) of the Income-tax Act, 1961. The court noted that section 5(j) allows for the deduction of "any expenditure (not being in the nature of capital expenditure or personal expenses of the assessee) laid out or expended wholly and exclusively for the purpose of deriving the agricultural income." This language is comparable to the residuary provisions in the Income-tax Acts, which have been interpreted to allow deductions for expenses incurred for the purpose of earning income, regardless of whether the income was actually derived in that year. The court concluded that section 5(j) is indeed a residuary provision, allowing deductions for both direct and indirect expenses incurred for the purpose of deriving agricultural income. Point No. 2: Whether Explanation 2 to section 5 is intended to explain section 5(j) only or other clauses of section 5 as well The court analyzed whether Explanation 2, which states that "nothing contained in this section shall be deemed to entitle a person deriving agricultural income to deduction of any expenditure laid out or expended for the cultivation, upkeep or maintenance of immature plants from which no agricultural income has been derived during the previous year," applies to all clauses of section 5 or only to section 5(j). The court noted that the words "expenditure laid out or expended" are used in both section 5(j) and Explanation 2, suggesting that Explanation 2 is primarily intended to explain section 5(j). The court also considered the legislative intent behind the insertion of Explanation 2, which was to counteract the Supreme Court's decision in Travancore Rubber and Tea Co. Ltd. v. Commr. of Agrl. I.T. [1961] 41 ITR 751 (SC), and restore the status quo ante. The court concluded that Explanation 2 is intended to explain section 5(j) only and not the other clauses of section 5. Point No. 3: If Explanation 2 applies only to section 5(j), whether it covers the entire field of section 5(j) or only a part of it The court examined whether Explanation 2 covers the entire field of section 5(j) or only a part of it. The court noted that section 5(j) allows for the deduction of both direct and indirect expenses incurred for the purpose of deriving agricultural income, while Explanation 2 specifically disallows deductions for direct expenses related to the cultivation, upkeep, and maintenance of immature plants from which no agricultural income has been derived during the previous year. The court concluded that Explanation 2 covers only a part of the field of section 5(j), specifically the direct expenses related to immature plants, and does not affect the deductibility of indirect expenses. Application to the Facts: The court applied these principles to the facts of the case, which involved the deduction of rent and interest on borrowals for immature plantations. The court held that the entire rent is deductible for the assessment years in question, as Explanation 2 does not apply to section 5(b). However, the court remitted the issue of interest deduction to the Tribunal for further findings on whether the interest falls under clauses (e), (h), or (i) of section 5. If the interest falls under any of these clauses, the assessee is entitled to the entire deduction without the application of Explanation 2. If it falls under section 5(j), Explanation 2 will apply, and the interest related to immature plants will not be deductible. Conclusion: The court allowed the tax revision cases concerning rent deductions for all the assessment years and remitted the cases concerning interest deductions for further findings by the Tribunal.
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