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Issues Involved:
1. Whether dividends received from Plantation Companies constitute agricultural income exempt under Section 4(3) of the Income-tax Act. 2. Whether compensation received for loss of managing agency is assessable as trading profit under the Income-tax, Excess Profits Tax, and Business Profits Tax Acts. 3. Whether credit balances in various accounts form part of the 'reserve' within the meaning of rule 2(1) of Schedule II of the Business Profits Tax Act. Issue-wise Detailed Analysis: 1. Agricultural Income Exemption: The question was whether dividends of Rs. 36,820 and Rs. 32,603 received in the previous years for assessment years 1949-50 and 1950-51 from Plantation Companies, whose main business was agriculture, could be said to include any agricultural income exempt under Section 4(3) of the Income-tax Act. The court referred to the Supreme Court decision in Mrs. Bacha F. Guzdar v. Commr. of Income-tax Bombay, which concluded that dividends do not constitute agricultural income. Thus, the question was answered in the negative and against the assessee. 2. Compensation for Loss of Managing Agency: The relevant facts were that the assessee, incorporated in the UK, was involved in managing agencies of Plantation Companies. Compensation of Rs. 60,000 was received from Tallier Estates Ltd. for the loss of a managing agency. The department treated this as a trading receipt for tax purposes, but the Tribunal had upheld the assessee's claim that it was a capital receipt not liable to tax. The court referred to the Supreme Court decision in Commissioner of Income-tax and Excess Profits Tax v. South India Pictures Ltd., which emphasized that the nature of the receipt must be determined based on the substance of the matter from a business perspective. The court noted that managing agencies were part of the assessee's normal trading activities and that the termination of one such agency did not significantly affect the overall business structure. The compensation received was considered to be in the ordinary course of business and thus constituted a trading receipt. The first question was answered in the affirmative and against the assessee. 3. Credit Balances as 'Reserve': The question was whether the credit balances in the capital profits accounts, profit and loss account, and business profits tax post-war refund suspense account formed part of the 'reserve' of the assessee within the meaning of rule 2(1) of Schedule II of the Business Profits Tax Act. The relevant chargeable accounting periods were specified, and the assessee claimed an "abatement" under rule 2(1). The Tribunal upheld the claim, but the court referred to the principles laid down by the Supreme Court in Commissioner of Income-tax v. Century Spinning and Manufacturing Co. Ltd. and applied in Commr. of Income-tax v. Vasantha Mills Ltd. The court noted that the sums in question represented undistributed profits and needed to be specifically set apart for any purpose on the crucial date to constitute reserves. The Tribunal had not applied these principles when upholding the claim. The court directed the Tribunal to re-examine the question, allowing both the assessee and the department to present relevant material. The Tribunal was instructed to submit a further statement of the case within three months. Conclusion: The court answered the first and second questions against the assessee, determining that dividends from Plantation Companies are not agricultural income and that compensation for loss of a managing agency is a trading receipt. The third question was remitted back to the Tribunal for further examination based on the principles laid down by higher courts.
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