9911796707
TMI Blog1998 (3) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... The firm was stated to have been dissolved on August 28, 1981. After dissolution of the said firm, the erstwhile partners were stated to have partitioned their lands and the respective partners filed applications to compound the tax under section 65 of the Act on June 14, 1982, in respect of the holdings held by them in the middle of the accounting year The Agricultural Income-tax Officer, Gudalur, had permitted the partners of the firm for composition of tax under section 65 of the Act for the assessment year 1982-83 for the period after the dissolution of the firm. The Commissioner of Agricultural Income-tax, Chepauk, Madras 5, in suo motu revision proceedings under section 34 of the Act required the partners to show cause why action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd only question that arises for consideration in all these actions is as to whether the order of the Commissioner cancelling the individual assessment order and directing the Assessing Officer to pass fresh orders in accordance with law, on the facts and in the circumstances of the case, is sustainable in law ? The order of the Commissioner cannot at all be stated to be suffering from any serious infirmity of law or perverse appreciation of facts, calling for interference. (a) Sub-section (4) of section 65 of the Act prescribes that every application under sub-section (1) thereof shall be submitted in such forms in such manner and within such time as may be prescribed. (b) Sub-section (1) of section 65 provides for composition of agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, viz., June 15, of the year, for which permission to compound the agricultural income-tax is required and the filing of such application during the extended period is permissible only if and when there is sufficiency of cause for the delayed presentation. Admittedly, the accounting year in these actions commences from April 1, 1981, and ends with March 31, 1982. Therefore, the year, in the instant cases for which permission to compound the agricultural income-tax is required to be made is the year commencing from April 1, 1981, and ending with March 31, 1982, and if that be the case, the compounding application ought to have been filed on or before June 15, 1981, and if not filed within the said date, the same could be filed within a f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sub-section (1) of section 3 prescribes that agricultural income-tax at the rate or rates specified in Part I of the Schedule to this Act shall be charged for each financial year commencing from the 1st April, 1955, in accordance with and subject to the provisions of the Act on the total agricultural income of the previous year of every person. As such, it is crystal clear that the charge to agricultural income-tax is in respect of one year. If we turn to section 65, it is discernible that in lieu of the agricultural income-tax payable by the assessee, he is permitted to pay a lumpsum at the rate or rates specified in Part II of the Schedule to the Act. That means in lieu of payment of agricultural income-tax by the assessee for one year, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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