1993 (9) TMI 317

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....evenue and against the assessee, the following question (at page 482) : " 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 appellant for the assessment year 1972-73 ?" The short question before the High Court was whether the amounts e....

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....s brought to our notice by learned counsel for the appellant that a Full Bench of the Kerala High Court had in Plantation Corporation of Kerala Limited v. Commr. of Agrl. I. T. [1993] 200 ITR 27, considered the earlier judgment in Nilambur Rubber Co. Ltd.'s case [1969] 71 ITR 686, and held that the interpretation put upon section 10(2)(xv) of the Indian income-tax Act, 1922, and upon section 37(1)....

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....venue, do not, in our view, mean anything very different from the words used in section 37 of the Income-tax Act, 1961. Expenditure of this kind falls under section 37 of the Income-tax Act, 1961, and must, therefore, fall within the said section 5(j). Our attention was also drawn to the judgment in Nilambur Rubber Co. Ltd.'s case [1969] 71 ITR 686 (Ker). That judgment states that it was not di....