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TMI Blog1992 (3) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... at clause or to the entire section 10(1) ?" The respondent is an assessee to agricultural income-tax on the files of the Additional Agricultural Income-tax Officer, Taliparamba. We are concerned herein with the assessment year 1975-76 for which the accounting period ended on March 31, 1975. The Agricultural Income-tax Officer, by order dated February 9, 1981, determined the total agricultural income of the respondent/assessee at Rs. 26,831.50. Thereafter, he gave an exemption of one-sixth of the income for the share income from the firm already assessed, amounting to Rs. 24,851.50, and the exemption was fixed at Rs. 4,141.83. So, the net income was fixed at Rs. 22,689.67, rounded off to Rs. 22,690. The prayer of the assessee was that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciation of persons, if the tax under this Act has been levied on the agricultural income of such firm or association ; (d) any sum which he receives out of the agricultural income in respect of which tax under this Act has already been levied under section 9 ; (e) any sum paid by such person (i) to effect an insurance on the life of such person or on the life of a wife or husband of such person or in respect of a contract for deferred annuity on the life of such person or on the life of a wife or husband of such person ; (ii) where the assessee is a Hindu undivided family, to effect an insurance on the life of any member of such family ; (f) any sum paid by such person as donation to a trust, institution or fund to which this clause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al income of the assessee or six thousand rupees whichever is less. There is a further limitation on this to the effect that it will not entitle a person who is assessed to income-tax tinder the Indian Incometax Act, 1922, to claim any deduction in respect of any sum referred to in this section if it was exempted under section 15 of the said Act. So, it is evident that the exemption on the non-entitlement of the exemption should centre round the claim for deduction which is exempted tinder section 15 of the Indian Income-tax Act, 1922. Section 15 of the Indian Income-tax Act, 1922, provides that tax shall not be payable in respect of any sums paid by an assessee to effect an insurance on the life of the assessee or on the life of a wife or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of any sum referred to if it was exempted under section 15 of the Indian Incometax Act, 1922. It should be stated that the sums received by a person under section 10(1)(a), (c), (d) are outside the purview of the Act and no tax is exigible on such sums received by a person. Section 10(1)(f) of the Act deals with sums paid by a person as donation to a trust, institution or fund to which the said clause applies. Section 10(1)(e) of the Act alone deals with the entitlement to exemption in respect of sums paid by person to effect an insurance on the life of such person or on the life of a wife or husband of such person. The provisos, read together, are very much concerned only with regard to the exemption in the case of life insurance dealt w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10(1) apply only to section 10(1)(e) and not to other sub-clauses. The said conclusion is warranted on a reading of the two provisos together in the light of section 15 of the Indian Income-tax Act, 1922, about which reference is made in the limitation to the provisos. We, therefore, answer the question referred to this court in the affirmative-against the Revenue and in favour of the assessee. We hold that the provisos apply only to section 10(1)(e) of the Agricultural Incometax Act. The reference is answered accordingly. A copy of this judgment, under the seal of this court and the signature of the Registrar, shall be forwarded to the Kerala Agricultural Income-tax Appellate Tribunal, Additional Bench, Kozhikode. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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