1988 (1) TMI 16

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....wing question has been, at the instance of the Revenue, referred to us by the Agricultural Income-tax Appellate Tribunal, Additional Bench, Ernakulam: " Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the sums of Rs. 11,756.05 and Rs. 37,629.32 disallowed by the assessing authority as amounts spent for the maintenance and upkeep of im....

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....that the -decision of the Supreme Court in Travancore Rubber and Tea Company Ltd. v. Commr. of Agrl. I.T. [1961] ]41 ITR 751 was applicable to the claim of the assessee and it was, therefore, allowable. Counsel for the Revenue rightly contended that the Tribunal had lost sight of the fact that, subsequent to the decision of the Supreme Court relied on by the Tribunal, section 5 of the Agricultu....

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.... income to deduction of any expenditure laid out or expended for the cultivation, upkeep or maintenance of immature plants from which no agricultural income has been derived during the previous year." The Agricultural Income-tax Officer had found, as a matter of fact, that the amounts disallowed by him represented expenditure in relation to immature plants. That finding of fact has not been cha....