TMI Blog2002 (1) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... Chennai. A very novel question is involved in this revision. The assessee is a company. It was liable to pay the agricultural income-tax and was regularly paying the tax for the relevant assessment years. For the purposes of the assessment, the assessee-company had chosen its assessment year to be from July to June, that is for the year 1990-91, its assessment year was from July 1, 1989, to Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31, 1991 because the earlier assessment was up to June 30, 1990 only. The Income-tax Officer, therefore, sent a notice under section 16 of the Tamil Nadu Agricultural Income-tax Act and required the assessment to be made for 21 months, i.e., 12 months for the period between April 1, 1991 and March 31, 1992, and nine months for the period between July 1, 1990 and March 31, 1991. The assessee raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis in law. Though the appellate authority rejected that argument, the Tribunal also has not entertained that plea but, has expressed that there should have been a separate assessment for that period. This part of the Tribunal's order that there should be a separate assessment and there cannot be a joint assessment for the 21 months is undoubtedly correct. The Tribunal, therefore, sent back the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u Agricultural Income-tax (Amendment) Act, 1971, shall be charged for each financial year commencing from the 1st April, 1972, in accordance with and subject to the provisions of this Act, on the total agricultural income o every person of the previous year immediately preceding the said date." This will clarify that the tax liability does not depend upon the "previous year" but it actually dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal that it cannot be clubbed with the assessment of the next year and should have been separately assessed. That has already been ordered by the Tribunal. We do not see any reason to interfere with the Tribunal's order and we reject the contention raised by the assessee that the period between July 1, 1990 and March 31, 1991, was a "transition period" and, therefore, there should be no agricult ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
