TMI Blog1993 (6) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by the Inspecting Assistant Commissioner, Agricultural Income-tax and Sales Tax, Kottayam, dated September 18, 1990. We are concerned with the assessment year 1985-86, for which the previous year ended on March 31, 1985. The petitioner-assessee is a private limited company. It reported for the particular assessment year a total loss of Rs. 1,38,686.80. It owned the estates, Graceland Estate and Janasree Estate. The Agricultural Income-tax Officer found that the books of account and the returns cannot be accepted. It was noticed that the account produced was not written in the usual course of business. The accounts were seen written at a stretch in regular intervals. So it was held that the above documents could not be relied upon. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility was open to doubt since the date of issue of the stamp paper is not recorded. Moreover, the plot was inspected by the Agricultural Income-tax Officer, Kottayam, on August 1, 1984, and at that time, the agreement was not produced before the officer. It was for these reasons, the Agricultural Income-tax Officer, by order dated September 18, 1990, fixed the total income from all the trees at Rs. 2,39,240.20 before depreciation and levied tax thereon. In revision, the Commissioner of Agricultural Income-tax, Thiruvananthapuram, by order dated December 16, 1992, affirmed the said order. After adverting to the facts in the case, the Commissioner of Agricultural Income-tax held that the crop register was not maintained in the ordinary cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess. They were written at a stretch. The crop register was not written in the regular course of business, the authenticity of the accounts was open to doubt. Besides, the yield returned from the estates was low compared to the previous years. These findings were affirmed by the Commissioner of Agricultural Income-tax also. On these premises, the rejection of accounts cannot be attacked. It was vehemently contended that even if the accounts are rejected, the quantum of yield should be based on material. The gravemen of the charge is that the trees were given for slaughter tapping as per an agreement executed between the parties and the authorities are not giving effect to the said agreement. The assessing authority as well as the Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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