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2009 (12) TMI 31 - HC - Income TaxAgriculture Income - Whether the Tribunal was correct in law in holding that agricultural income in question belongs to assessee firm - Sri Tula Ram had certain agricultural land. After the death of Tula Ram, the agricultural land devolved on his four sons. One of the sons separated himself and the remaining three sons formed a partnership firm through partnership deed dated 21st of October, 1960 - The object of the said partnership firm is to manufacture and sell Khand and molasses by running crusher and such other business which the partners may from time to time agree upon – held that - in the earlier assessment year the agricultural income was shown by the assessee as firm's income - . The only explanation which could be given by the learned counsel for the assessee is that the agricultural income was wrongly shown as that of the assessee firm in the earlier assessment years - There is no justification for giving a different treatment to the agricultural income on the mere saying of the assessee Firm – Moreover findings of fact of the ITAT can not be held as illegal or perverse
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