9911796707
TMI Blog2014 (9) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... consumption is admitted by the Revenue - the wood cut from the tree is used by the company as fire-wood - the cutting of trees, leaving the stump as required by the condition imposed by the forest department is not for generating income out of the trees, but for felling of the wood for own consumption – relying upon CIT Vs Ambat Echukutty Menon [1979 (9) TMI 2 - SUPREME Court] it is not a case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of ₹ 37,07,500 on account of income from sale of trees and not as income from business, besides other issues, of which this Court is not concerned. The assessee preferred an appeal to the Commissioner of Income Tax (Appeals), who allowed the appeal of the assessee and deleted the addition of ₹ 37,07,500/= made by the Assessing Officer on account of income from sale of trees in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, which is growing and producing tea and there being no intention to generate revenue from the sale of trees, came to the conclusion that the cutting of trees, leaving the stump as required by the condition imposed by the forest department is not for generating income out of the trees, but for felling of the wood for own consumption. The Tribunal further relied upon the judgment of the Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case (supra). There is no quarrel about the law laid down by the Supreme Court in the above referred two decisions. This Court, on facts, finds that there is no error in the order of the Tribunal warranting interference at the hands of this Court as the abovesaid judgments of the Supreme Court is clearly applicable to the facts of the present case. 6. Accordingly, this Court finds that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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