Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1965 (7) TMI 8

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed in rejecting the claim - held, yes
Judge(s) : M. S. MENON., P. GOVINDAN NAIR. JUDGMENT The judgment of the court was delivered by GOVINDAN NAIR J.-This income-tax referred case arises out of an order of reference dated December 13, 1963, passed by the Agricultural Income-tax Appellate Tribunal, Trivandrum. The assessee concerned has been assessed to agricultural income-tax for the year 1 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ee has stressed two points before us and these relate to a sum of Rs. 6,066-14-0 admittedly paid by way of retrenchment compensation and another sum of Rs. 6,055 written off as bad debts. Dealing with the first of these amounts, it is seen that retrenchment compensation was paid because some part of the land from which agricultural income was derived was either acquired or sold by the assessee. T .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... applicable to the estate in question. There is nothing to indicate the terms of the transfer. It may be that the assessee had received full consideration because he has not been able to induce the transferee to undertake the liability to retrenchment compensation provided by the section. If that be so, it would not be correct to say that this amount paid should be an item of deduction in computin .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... vis and that of the Supreme Court in Badridas Daga v. Commissioner of Income-tax should govern the question whether the deduction claimed can be allowed. In a recent decision of this court, I.T.R. No. 13 of 1964 , the above decisions have been relied on and followed. We think the same principle must apply in deciding the question here. Applying that principle we hold that this item represents an a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates