9911796707
|
Home
Issues involved: Interpretation of "agricultural produce" under section 80P(2)(iii) of the Income-tax Act for exemption on income from marketing eggs.
Summary: The High Court of Andhra Pradesh considered a reference made by the Income-tax Appellate Tribunal regarding the assessment years 1977-78, 1978-79, and 1979-80. The main question was whether eggs could be classified as "agricultural produce" for the purpose of claiming exemption under section 80P(2)(iii) of the Act. The assessee, a cooperative society, engaged in the distribution of consumable goods including eggs. The Income-tax Officer estimated profits from egg sales, leading to a dispute on the exemption claim under section 80P(2)(iii). The Tribunal held that poultry farming, including egg production, qualifies as agriculture, supporting the assessee's claim for exemption. However, the High Court emphasized that for a cooperative society to claim exemption under section 80P(2)(iii), the agricultural produce must belong to its members at all times. If the society merely markets the produce on behalf of members, earning a commission, the income may be exempt. But if the society owns the produce, exemption does not apply. The Court highlighted the importance of determining the ownership of the eggs at the time of marketing by the society. Without a clear finding on ownership, the question of exemption cannot be conclusively answered. The Court directed the Tribunal to investigate and establish the ownership status of the eggs during marketing by the society before making a decision on the exemption claim. In conclusion, the High Court returned the reference to the Tribunal for further examination of facts related to egg ownership and exemption eligibility under section 80P(2)(iii) based on the principles outlined in the judgment. No costs were awarded in this matter.
|
