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1960 (9) TMI 5 - SC - Income TaxWhether the High Court did not correctly construe the proviso to sub-section (1) of section 6 of the U. P. Agricultural Income-tax Act (U. P. Act III of 1949)? Held that:- It is indeed true, as has been, pointed out by learned counsel for the appellants, that the Act like the Indian Income-tax Act, 1922, contemplates an assessment for each year on the income of the previous year. That does not necessarily mean that the restriction imposed by the proviso to sub-section (1) of section 6 is limited to one year only. The proviso must be construed with reference to the language used and the scheme of section 6. That section mentions two alternative methods of computation, and by the substantive part of sub-section (1) gives the assessee an option to adopt any one of the two methods ; then comes the proviso which says that once the option is exercised, there can be no variation without the permission of the Board of Revenue. The appellants are seeking to read the words " in any one year " after the word " computation " in the proviso, and this they cannot be allowed to do. We are in agreement with the view expressed by the High Court. Appeal dismissed.
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