1973 (4) TMI 81

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....g 60 per cent. of the income determined as the agricultural income under rule 24 of the Income-tax Rules. On and from the assessment year 1951-52 the agricultural income-tax authorities started taking the market value of thatch, bamboo and fuel, etc., grown in the tea estate and used in the tea business as 100 per cent. agricultural income and after deducting the cost of cultivation thereof, taxed the whole of the resulting income on the basis of the market value of those articles. So, from that assessment year the computation of the total income, from tea by the income-tax authorities was varied by the Agricultural Income-tax Officer and the assessee had to pay tax on a total income which was more than the income disclosed in the profit an....

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....e under the provisions of the Indian Income-tax Act, 1922, and in directing the Income-tax Officer to make a fresh assessment according to law in the light of the aforesaid decision of the Supreme Court ? " The High Court answered that question in the affirmative and in favour of the assessee. Hence this appeal by the revenue. It is true that the question formulated by the Tribunal does not accurately bring out the real contention between the parties. The real contention between the parties is whether the assessee is entitled to the market value of the agricultural produce grown by it but utilised for the purpose of tea business. Dooars Tea Co. Ltd.'s case related to the levy of agricultural income-tax. The facts of that case are as fol....