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Issues Involved:
1. Liability to Income Tax on income from usufructuary mortgages. 2. Classification of income as agricultural income under Section 2(1)(a) of the Indian Income Tax Act, 1922. 3. Impact of simultaneous lease-back arrangements on tax liability. 4. Applicability of the exemption clause for agricultural income under Section 4 of the Indian Income Tax Act, 1922. 5. Relevance of the Full Bench decision of the Madras High Court. Detailed Analysis: 1. Liability to Income Tax on income from usufructuary mortgages: The primary issue is whether income derived from usufructuary mortgages is liable to Income Tax. The court clarified that income from a pure usufructuary mortgage, where the mortgagee derives income directly from the land either through rent or cultivation, qualifies as agricultural income and is therefore exempt from Income Tax. The court emphasized that such income, even if it represents gains of a money-lending business, remains agricultural income under Section 2(1)(a) of the Indian Income Tax Act, 1922. 2. Classification of income as agricultural income under Section 2(1)(a) of the Indian Income Tax Act, 1922: The court examined the definition of agricultural income, which includes any rent or revenue derived from land used for agricultural purposes. The court held that income received by a usufructuary mortgagee falls within this definition, as it is derived from land used for agricultural purposes. This classification exempts such income from Income Tax under Section 4 of the Act. 3. Impact of simultaneous lease-back arrangements on tax liability: The court addressed whether a mortgagee who leases back the mortgaged land to the mortgagor with a fixed annual payment is in a different position from a pure usufructuary mortgagee. The court concluded that such arrangements do not alter the nature of the transaction as a usufructuary mortgage. The mortgagee retains the right to recover rent through revenue courts and to enter into possession upon default, which are features not present in simple mortgages. Therefore, the income remains agricultural and exempt from Income Tax. 4. Applicability of the exemption clause for agricultural income under Section 4 of the Indian Income Tax Act, 1922: The court reiterated that agricultural income, as defined in Section 2(1)(a), is exempt from Income Tax under Section 4. The court stressed that imposing both land revenue and Income Tax on the same income would constitute double taxation, which is against the policy of the Act. 5. Relevance of the Full Bench decision of the Madras High Court: The court examined the Full Bench decision of the Madras High Court, which had ruled against the exemption. The court noted that the Madras decision was based on an assumption that the transaction was a device to evade Income Tax and not a genuine usufructuary mortgage. The court disagreed with this reasoning, stating that the Madras decision lacked a detailed analysis and was based on a finding of fact that was not applicable in the present case. Separate Judgments: Banerji, J.: Banerji concurred with the main judgment, emphasizing that the income derived by the assessee qualifies as agricultural income under Section 2(1) of the Income Tax Act. He stated that the lease-back arrangement does not change the nature of the income, which remains agricultural and exempt from taxation. E.H. Ashworth, J.: Ashworth also concurred, highlighting that a usufructuary mortgagee is, for the time being, the owner of agricultural land and thus exempt from Income Tax. He dismissed the argument that the mortgage and lease-back arrangement constituted a device to evade tax, asserting that the transaction's form and substance must be respected. Conclusion: The court unanimously held that the income derived from usufructuary mortgages, including those with simultaneous lease-back arrangements, qualifies as agricultural income and is exempt from Income Tax. The question referred was answered in the affirmative, supporting the assessee's position.
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