1994 (10) TMI 28

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....ion cases relate to the assessment years 1986-87, 1987-88, 1988-89 and 1989-90. The only ground urged before us relates to the quantum of expenses allowed by the Tribunal. The assessee has got ten acres of land, of which the effective yielding area is 7.5 acres. The area is mainly a coffee plantation, inter-planted with pepper, arecanut and coconut, there being 330 pepper-vines, 160 arecanut trees....

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....llowed at the rate of Rs. 4,000 per acre as per the guidelines. The question is whether this should be allowed or not. Admittedly, the assessee has not kept any accounts. Therefore, the expenses can only be estimated as in the case of the income. The Appellate Assistant Commissioner estimated the same at the figures mentioned earlier which were enhanced by the Tribunal. This enhancement has bee....

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.... take one part of the guidelines and rely on it, and at the same time ignore the other part. We have to read the guidelines as a whole and arrive at a decision. Even otherwise what is provided are only guidelines, i.e., facts and figures, which may be kept in mind while making the assessment. They are not totally binding. The quantum of expenses will depend upon the area where the estate is situat....

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....s court in M. K. C. Nabeesa Beevi v. Agrl. ITO [1987] 163 ITR 78 to contend that the guidelines issued by the Board of Revenue are relevant material in allowing the expenses. That was a case where there was no inspection of the estate and no other materials were available before the Assessing Officer to arrive at an estimate of the yield. In these circumstances, this court stated that though the g....