9911796707
TMI Blog1996 (3) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Antony George. The assessing authority did not accept the return and proposed to complete the assessment by estimating the yield and income. No accounts had been produced in support of the return and in the absence thereof assessment was proceeded for completion on the basis of best judgment assessment, treating that the entire trees are under second year of slaughter tapping and accordingly the net income was ascertained at Rs. 1,77,125. The particulars in regard thereto as found from the order of the assessing authority are as hereunder : Rs. Rs. Rubber : 11 block yield 1,000 kgs. per block--12,100 kgs. valued at Rs. 17.25 per kg. 2,08,725.00 Less : Expenses allowed Tapping and other expenses at Rs. 2,000 per block 22,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax, Trivandrum, under section 77 of the Act was contested by the petitioner-assessee only with regard to the ground that the estate had been under a slaughter tapping agreement with Syed Alavi and George from April, 1985, onwards and by reason thereof the assessment smacked of arbitrary character. In support thereof reliance is placed on the finding of the Deputy Commissioner of Agricultural Income-tax and Sales Tax in R. P. No. 50/88/B1/2690 of 1988, dated August 7, 1988, to the effect that Mr. Syed Alavi and Mr. George had not taken the slaughter tapping of Mukattumala A, B and C estates and further that the assessee-company had entered into an agreement with P. J. George and Antony for slaughter tapping with effect from April 1, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. It is necessary to pinpoint that this contention of slaughter tapping agreement does not appear to have been urged and raised before the assessing authority which has relied on the strength of the inspection report dated December 27, 1985. Even otherwise, it is plain that the question as to whether there was slaughter tapping agreement would be a neat and pure question of fact which has been finally settled by several factors taken into consideration by the authorities below. The present petition, in the nature of a second revision would have narrow limits, even within the view that is available to us, independently also it would be next too impossible to come to any conclusion other than arrived at by the authorities below. Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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