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1973 (3) TMI 25

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..... and converted into money, such receipt, though income is not of revenue nature - - - - - Dated:- 13-3-1973 - Judge(s) : VEERASWAMI., RAGHAVAN. JUDGMENT The question in this case is whether the sale proceeds of standing blue-gum trees, a sum of Rs. 9,293.14, constituted agricultural income liable to tax. The Tribunal differing from the revenue and purporting to follow Commissioner of Agric .....

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..... y much will depend upon the facts in each case, which have to be viewed in the light of the well-settled principles for ascertaining the character of the receipt. Even there, not all of such principles are capable of universal application. For instance, without an assesee having planted a mango tree, it might have spontaneously grown and might be yielding income. In that case, no one will say that .....

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..... t is not necessary. Blue-gum trees are generally planted in Nilgiris. That is common knowledge. We do not say that blue-gum trees may not grow spontaneously. But that is not generally the case in that particular district. Also, it is common knowledge that blue-gum trees are not planted for purposes of getting timber for the timber value from such trees is very negligible. The governing purpose of .....

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