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TMI Blog1998 (1) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... (AITO), in his proceedings GIR No. 21-S of 1992-93 permitting the partners of the firm, namely, Siva Coffee Plantations, to compound the holdings, according to the profit sharing ratio, as agreed to between them. The one and only ground on which the Commissioner of Agricultural Income-tax revised the orders of the Agricultural Income-tax Officer was that the said Assessing Officer was oblivious to the implications of the Tamil Nadu Agricultural Income-tax (Amendment) Act, 1992 (Act No. 36 of 1992-for short "Amendment Act"), and that perhaps was the reason, he would say that the said Assessing Officer permitted the compounding applications filed by the partners of the said firm relatable to the assessment year 1992-93. The said order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clause (a) as applicable to a registered firm, if in his opinion, the aggregate amount of the tax payable by the partners under such procedure would be greater than the aggregate amount which would be payable by the firm and the partners individually if the firm were assessed as an unregistered firm." From what has been extracted above it is rather crystal clear that in the case of a registered firm, the sum payable by the firm itself shall not be determined, but the total income of each partner of the firm including therein his share of its income, profits and gains of the previous year, shall be assessed, and the sum payable by him on the basis of such assessment shall be determined. Even in the case of an unregistered firm, the Agricu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section (3) of section 65 had been omitted by the amendment Act. The substituted subsection (5) of section 17 reads as under: "(5) Notwithstanding anything contained in the foregoing sub-sections, when the assessee is a firm, whether owning property of its own or holding the property on behalf of any one of, or all, the partners of the firm or any other person and the total income of the firm has been assessed under sub-section (1), sub-section (3) or sub-section (4) as the case may be, the agricultural income-tax shall be payable by the firm itself at the rate or rates specified in Part I of the Schedule to this Act." It is thus fluidly crystal clear that subsequent to the amendment Act, it is not permissible for any partner of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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