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    <title>2024 (3) TMI 382 - CALCUTTA HIGH COURT</title>
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    <description>An undefined commercial expression in a taxing statute must be construed in its ordinary common parlance sense: tea saplings were not treated as &quot;tea&quot; for the charging provision of the Bengal Agricultural Income Tax Act, so income from their sale was not taxable. A special computation provision for a company, containing a non-obstante clause, prevailed over the general computation provision and the rules framed under it: section 7A governed depreciation and computation of agricultural income, and section 7 with Rule 3 did not apply. The tribunal&#039;s contrary approach was set aside, and the matter was remitted for fresh assessment after hearing the assessee.</description>
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      <description>An undefined commercial expression in a taxing statute must be construed in its ordinary common parlance sense: tea saplings were not treated as &quot;tea&quot; for the charging provision of the Bengal Agricultural Income Tax Act, so income from their sale was not taxable. A special computation provision for a company, containing a non-obstante clause, prevailed over the general computation provision and the rules framed under it: section 7A governed depreciation and computation of agricultural income, and section 7 with Rule 3 did not apply. The tribunal&#039;s contrary approach was set aside, and the matter was remitted for fresh assessment after hearing the assessee.</description>
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