TMI Blog2003 (9) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... bi had jointly executed an agreement with a partnership firm M/s. United Charcoal Dealers for slaughter tapping and clear felling of the rubber trees from the said plantation which were ripe for slaughter tapping and clear felling. The consideration shown in the agreement was a sum of Rs. 13,32,500. The period for slaughter tapping and clear felling was up to September 30, 1990. 2.. The first respondent the Assistant Commissioner (Assessment) II, Special Circle I, Calicut, issued a pre-assessment notice to the petitioner proposing to assess the sale value of timber at 80 per cent of the total consideration shown in the agreement. The petitioner filed objection stating that though the agreement was a single one the same was in respect of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessing authority had no such case at all and when based on the same agreement, the agricultural income of the petitioner was assessed clubbing the income of the wife and minor children under section 9(2) of the Agricultural Income-tax Act by the assessing authority as evidenced by annexures VI and VII? C. Whether, on the facts and circumstances of the case, the Appellate Tribunal is justified in holding that annexure I agreement does not show that Smt. C.K. Sabira, represented the minor children when the original title deeds relating to the purchase of properties show that she was acting as the guardian of the minor children? D. Whether, on the facts and circumstances of the case, the Appellate Tribunal is justified in upholding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that there is no evidence on record to prove that there was demarcation and separate possession of the plantation by several owners. He further took the view that the agreement would show that the dealers have jointly agreed to sell the trees to M/s. United Charcoal Dealers and authorised the petitioner to receive the consideration. The first appellate authority noted that the assessing authority had asked the appellant to produce the accounts for verification for fixing the liability under the Act and that the petitioner did not produce any such accounts and therefore the assessing authority had fixed the turnover at 80 per cent of the total consideration received at Rs. 10,66,000. The appellate authority observed that the said fixati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner, his wife and his mother-in-law, who are the signatories of the agreement. That apart, even if there exist a partnership the transaction covered by the agreement has only to be treated as one effected by a single unit either, the partnership or the three persons as an association of persons. This is particularly in view of the fact that though the property in question was purchased as per seven separate documents in the names of the petitioner, his wife and his minor children there is no material on record to show that each one was enjoying the property separately and there is also nothing to show that the wife and the minor children had any source for purchase of the property in their name. In the absence of those details accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Act (annexures VI, VII and VIII) and also the orders in the appeals for the assessment year 1987-88. He submitted that the Agricultural Income-tax Officer had adopted 60 per cent of the total consideration received as agricultural income and balance 40 per cent alone was treated as timber value. He further submitted that this was confirmed in appeal by the two appellate authorities. Though no specific question is raised in regard to the adoption of the timber value by the assessing authority, having regard to the fact that with respect to the very same amount received under the agreement dated October 22, 1986 the assessing authority under the Agricultural Income-tax Act had adopted 60 per cent as agricultural income from slaughter tapp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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