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TMI Blog1972 (4) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... - - - Dated:- 4-4-1972 - Judge(s) : RAMANUJAM., V. RAMASWAMY. JUDGMENT The judgment of the court was delivered by RAMANUJAM J.-The question that arises in this tax case is as to whether the sale value of albezia trees of Rs. 6,080 and the sale value of malavembu trees of Rs. 3,970 are includible as taxable receipts of the assessee along with his other agricultural income. The assessee's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her trees grown in the plantation area and the reasoning given for such a view can be stated in their own words: "Any such attempt of trying to differentiate between the type of plants and trees grown would make the administration of the Act difficult and the computation of income allowing only those expenses attributable to the growth of trees other than those trees which are to be treated as c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such trees when they become useless as shade trees cannot be said to be a revenue receipt. This is clear from the decision of the Supreme Court in State of Kerala v. Karimtharuvi Tea Estate Ltd. In that case, their Lordships of the Supreme Court had to consider a question similar to the one arising in this case. That case arose under the provisions of the Kerala Agricultural Income-tax Act, 1950. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of tea. The trees were cut down and sold after they had become useless by efflux of time. The grevelia trees in the tea estate of the respondent constituted, therefore, capital assets and the proceeds derived therefrom by sale as firewood would not constitute agricultural income under the Act." In view of the above decision of the Supreme Court which was rendered subsequent to the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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