1977 (3) TMI 19

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....led an application for permission for composition as provided for under section 65(1) of the Tamil Nadu Agricultural Income-tax Act, 1955. The Agricultural Income-tax Officer, Mannargudi, on January 30, 1973, granted the permission. On February 18, 1973, the petitioner wrote to the Agricultural Income-tax Officer stating that it had filed the composition application before the promulgation of Ordinance No. 3 of 1972 and that it was entitled to have the option to file the return in the place of the composition application already filed by it. Accordingly, the petitioner filed a return of income in Form No. 2. On receipt of this petition, the Agricultural Income-tax Officer, on February 24, 1973, passed an order cancelling the proceedings ins....

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....ricultural income for any previous year may opt to submit under sub-section (1) of section 16, a return of the total agricultural income of the next succeeding previous year or the subsequent previous year and upon the submission of such return, the permission granted under this section shall cease to have effect and accordingly assessment shall be made under this Act. " A reading of this section makes it clear that the option to file a return and have the income assessed on the basis of such return applied only to the next succeeding previous year or the subsequent previous year and does not apply to the previous year in respect of which the permission was granted under section 65(6). This is made abundantly clear by the use of the expres....