1980 (12) TMI 23

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..... ultural Income-tax Appellate Tribunal, Additional Bench, Kozhikode, under S. 60 of the Agrl. I.T. Act (hereinafter called " the Act "), the question of law referred to this court is: " Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the fee paid to the auditors has been correctly disallowed in computing the agricultural income of the appel .....

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..... cultural income-tax returns are not allowable in determining the assessable income under the Act. The counsel for the assessee contended before us that the aforesaid dictum laid down by the Division Bench of this court cannot now be regarded as good law in view of the pronouncement of the Supreme Court in CIT v. Birla Cotton Spinning and Weaving Mills Ltd. [1971] 82 ITR 166. In that decision, the .....

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..... ts expended in connection with the raising of the crops, for the proper management of the cultivation operations, the processing of the crop for rendering it in a condition to be taken -to the market and transporting charges, etc., will legitimately fall within the scope of s. 5(j). The expenditure incurred by the assessee by way of fees paid to the auditors for the preparation of the return of ag .....

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