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TMI Blog2023 (4) TMI 897X X X X Extracts X X X X X X X X Extracts X X X X ..... anies under Rule 7A(2) of the Rules are entitled to an allowance towards replanting expenses and a further deduction towards upkeep and maintenance expenses incurred by the assessee for the immature plants till the age of maturity in the computation of income under the Act and Rules? - HELD THAT:- Questions of law framed in instant appeals are covered by the Full Bench order [ 2022 (10) TMI 851 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SRI.JOSE JOSEPH, SC, FOR INCOME TAX JUDGMENT S.V.Bhatti, J. Heard Senior Adv. Joseph Markos for the appellant and Mr Navaneeth. N. Nath holding for Mr Jose Joseph, Standing Counsel for parties. 2. M/s. Velimali Rubber Co. Ltd, Kottayam/assessee is the appellant. The Assistant Commissioner of Income Tax, Kottayam/ Revenue is the respondent. 3. Assessee challenges the order of Income Tax Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lacement of old and useless rubber trees in a previously planted area cannot be allowed under Rule 7A(2) of the Income Tax Rules? 4) Whether, on the facts and circumstances of the case, Appellate Tribunal is right in holding that the deduction under Rule 7A(2) is allowable only for the cost of infilling of rubber trees and not for cost of in replacement of old and useless rubber trees in a previ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the questions of law framed in instant appeals are covered by the Full Bench order dated 01.08.2022 in I.T.A No.201/2013 and batch. The question considered by the Full Bench reads thus: "Whether the assessee/Plantation Companies under Rule 7A(2) of the Rules are entitled to an allowance towards replanting expenses and a further deduction towards upkeep and maintenance expenses incurred by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue for statistical purposes. Consequent thereto the orders of: a) the Assessing Officer dated 31.01.2014, b) the Commissioner of Income-tax (Appeals) dated 12.06.2018, and c) the Income Tax Appellate Tribunal dated 01.08.2019 are set aside, d) matter remitted to the Assessing Officer for consideration and making the assessment order afresh by keeping in view the ratio of the Full B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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