9911796707
TMI Blog1998 (1) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... rge). The assessee had been assessed to agricultural income-tax for the assessment year 1992-93. It appears that while making the assessment, the provisions of the Amendment Act 40 of 1991 had been applied. The assessee, it is said, aggrieved by the assessment so made, filed an appeal before the Assistant Commissioner of Agricultural Income-tax, Coimbatore-18. The assessee faced dismal failure with regard to the challenge made as respects the applicability of the amendment Act 40 of 1991. The assessee did not stop there. He agitated the matter further by filing an appeal before the Tribunal, as stated above. The only question urged before the Tribunal was that the amendment Act 40 of 1991 was not at all applicable to the assessee, inasm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppears implicit reliance had been placed on the case of Kausalya Santhanam v. Agrl. ITO [1978] 111 ITR 469 (Mad). The Tribunal placing reliance on the said decision held that the Amendment Act 40 of 1991 is not at all applicable to the facts and circumstances of the case and so holding, allowed the appeal. The tragedy here is that the decision in Kausalya Santhanam's case [1978] 111 ITR 469 (Mad), instead of advancing the case of the assessee, is actually in favour of the Revenue and the Tribunal had grievously erred in not taking into account this aspect of the matter and we will make it fluidly crystal clear by extracting the very same passage occurring in Kausalya Santhanam's case [1978] 111 ITR 469 (Mad), and the said passage reads as u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts of the case on hand, it is beyond the pale of controversy that the income of the previous year of the assessee, i.e., to say 1991-92, is sought to be assessed for the assessment year 1992-93, The previous year commences from April 1, 1991 and ends with March 31, 1992. The assessment year commences on April 1, 1992. The Amendment Act 40 of 1991 had admittedly come into force on April 1, 1992, the date on which the assessment year commenced. In such a situation, it goes without saying that the Amendment Act 40 of 1991 has to be made applicable to the assessee in determining its income for the assessment year 1992-93. The Tribunal somehow or other, made a grievous error in applying the ratio laid down in the case of Kausalya Santhana ..... X X X X Extracts X X X X X X X X Extracts X X X X
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