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TMI Blog2005 (5) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... the previous year relevant to the year under consideration, the assessee earned income from prawn culture, and the same was claimed as agricultural income and, therefore, exempt from tax. The Assessing Officer as well as the learned CIT(A) rejected the contention of the assessee, and thus, the assessee is in appeal before the Tribunal. 3. The learned counsel appearing on behalf of the assessee s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t growing prawns has different nomenclature, which is known as prawn culture, which is different from agriculture, and thus, it would not fall within the definition of agricultural income under section 2(1A) of the Act. 5. I have carefully considered the rival submissions and perused the records. The learned counsel mentioned in the written submissions that he is relying upon a decision in 120 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is situated in India and is used for agricultural purposes'. Identical issue has come up before the Hon'ble Madras High Court in the year 1932, wherein Bench observed that income derived from the fisheries is not exempt from the assessment from income-tax, since it cannot be treated as agricultural income. The Court observed that such income cannot be treated as rent or revenue derived from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... constituting the Bench have passed separate but concurring judgments. Justice Ananta Krishna Ayyar observed in CIT v. U.T.S. Sevuga Pandia Thevar [1933] 1 ITR 78 (Mad.) at page 89 as under:- "The word 'agriculture' even in its widest import, has received some sort of definite and restricted meaning, and I find it difficult to bring fishery under the heading 'agriculture' even in its widest sense ..... X X X X Extracts X X X X X X X X Extracts X X X X
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