9911796707
TMI Blog1997 (8) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... n which no such expenditure had been incurred. It has also been held by the Tribunal that the word "acreage" occurring in the first proviso to clause (g) of section 5 of the Tamil Nadu Agricultural Income-tax Act, 1955 (hereinafter referred to as "the Act"), signifies the yielding area of the plantation and that the area in which the trees stand are to be excluded from the computation. A charge of agricultural income-tax under section 3 of the Act is, for each financial year in accordance with and subject to the provisions of the Act, on the total agricultural income of the year of every person. Section 5 of the Act lays down the method of computation. Permissible deductions from the income are set out in clauses (a) to (p) of section 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the agricultural income for the financial year, any amount spent, inter alia, for replanting subject to the ceiling prescribed in the first proviso that ceiling being 3.33 per cent. now, but which was 2.5 per cent. during the relevant assessment year in respect of rubber. The second proviso enables the assessee to carry forward for a period of three years beyond the assessment year in which this allowance is claimed the unutilised balance of the allowance in that year. Learned counsel for the assessee contended that the term "acreage" used in the first proviso to section 5(g) must receive its natural meaning. In the case of any doubt a liberal construction shall be given having regard to the object of this provision the object being t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the area from which the yield is being obtained. We, therefore, hold that the acreage referred to in the first proviso to section 5(g) of the Act means the total area planted with rubber, coffee or tea, as the case may be. The age of the plants and yield from the plants are not relevant factors for determining the acreage. Learned counsel for the assessee further contended that the second proviso to section 5(g) confers a right on the assessee to claim unclaimed allowance of the previous year, for obtaining higher allowance in the current year. It was contended that the second proviso does not state that any expenditure should have been incurred in a given year in order to enable the 'assessee to claim the benefit of that allowance, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
