2006 (2) TMI 146

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..... he Agricultural Income-tax Act, 1991, on the ground that the same is arbitrary and without jurisdiction. I have heard counsel appearing for the petitioner and the Government pleader. The petitioner claimed to be a charitable trust and was granted registration as such under section 16 of the AIT Act. Even though the agricultural holding of the petitioner, namely, coffee plantation, was above 20 h .....

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..... le religious community. Consequent upon the judgment of the Supreme Court the registration granted to the petitioner as a charitable trust was cancelled and the Assessing Officer issued notices stating that assessments completed at the compounted rate for the years 1991-92 to 1993-94 are untenable and therefore he took permission from the Commissioner to reopen assessments under section 41 of the .....

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..... section 35. I am in agreement with the contention of the Government pleader because section 13(1) provides for payment of tax at the compounded rate which is in lieu of tax payable under other provisions of the Act. In other words section 13(1) is an alternate scheme of assessment, as eligible assessees are given the option to pay tax under the said scheme which is based on cultivated area. Secti .....

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..... even in respect of assessments at the compounded rate under section 13 of the Act. In the circumstances, the petitioner's objection against maintainability of proceedings under section 41(1) of the Act is overruled. Since limitation is got over by virtue of the order of the Commissioner under section 41(2) the Assessing Officer is entitled to make assessments under section 35(2) and (4) read with .....

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..... me while completing the revised assessments. Since the matter is pending for over three years in this court, the Assessing Officer is directed to complete the assessments for 1991-92 to 1993-94 within two months from the date of production of a copy of this judgment by the petitioner, after considering the objections raised by the petitioner, which the petitioner can raise along with a copy of thi .....

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