1987 (1) TMI 24 - HC - Income Tax

Issues Involved:
1. Statutory exemption under the Tamil Nadu Agricultural Income-tax Act.
2. Deduction for cultivation expenses.
3. Inclusion of non-agricultural income in the assessment.
4. Exemption under Central Government notification for religious or charitable trusts.

Detailed Analysis:

1. Statutory Exemption under the Tamil Nadu Agricultural Income-tax Act:
The Tribunal held that the petitioner had not obtained any statutory exemption under the Tamil Nadu Agricultural Income-tax Act. The Tribunal rejected the contention that the Mutt, exempted by the Central Government from income tax under section 10(23C)(v) of the Income-tax Act, should also be exempt under the Tamil Nadu Agricultural Income-tax Act. The court observed that the Tribunal's decision was incorrect as the exemption under section 4(b) of the Tamil Nadu Agricultural Income-tax Act is tagged to the provisions of the Indian Income-tax Act. The court held that if a religious or charitable trust is exempt under the Central Act, it should be exempt under the State Act for the same year.

2. Deduction for Cultivation Expenses:
The petitioner argued that the entire amount of expenses incurred for "pannai cultivation" should have been allowed, and that dry lands in "Sirumalai" under "pannai cultivation" were not considered for fixing cultivation expenses. The Tribunal found that the petitioner had not produced proper accounts or vouchers to substantiate the expenses. The Tribunal remanded the matter to the Agricultural Income-tax Officer for verification of the claim afresh, noting that vouchers were available to prove the expenses relating to Sirumalai lands.

3. Inclusion of Non-Agricultural Income in the Assessment:
The petitioner contended that the receipts from hundial agra sambhavanai and pada puja should not be included under non-agricultural income. The Tribunal, referencing the decision in Thakur Das Shyam Sunder v. Addl. CIT [1974] 93 ITR 27 (All) [FB], observed that non-agricultural income is not taxed but is considered to determine the proportion of income received from agricultural and non-agricultural sources. The Tribunal upheld the inclusion of these amounts under non-agricultural income.

4. Exemption under Central Government Notification for Religious or Charitable Trusts:
The petitioner argued that the Mutt, being exempted by the Central Government from income tax under section 10(23C)(v) of the Income-tax Act, should also be exempt under the Tamil Nadu Agricultural Income-tax Act. The court referred to Notification No. S.O. 1921, dated April 1, 1976, which notified the Mutt for exemption from the assessment year 1972-73. The court also cited the decision in S. K. Muthukumaraswami Thambiran v. Agrl. ITO [1978] 113 ITR 889 (Mad), which clarified that if a trust is exempt under the Central Act, it should be exempt under the State Act for the same year. The court concluded that the petitioner is exempt from tax for the entire income for the assessment year, setting aside the Tribunal's order.

Conclusion:
The tax case revision was allowed, granting exemption on the entire income to the petitioner. The order of the Tribunal was set aside, and relief was granted for the entire income. There was no order as to costs.

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