1965 (12) TMI 36

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....-This appeal, by special leave, is against the judgment and order of the High Court of Kerala in Income-tax Reference Case No. 10 of 1962, and raises the question as to whether the amount realised by the sale of grevelia trees as firewood is a revenue receipt and liable to tax under the Kerala Agricultural Income-tax Act, 1950 (XXII of 1950), hereinafter called the Act. The facts leading to the ....

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....peal filed by it to the Kerala Agricultural Income-tax Appellate Tribunal. The Appellate Tribunal by its order dated August 2, 1962, held that the said sum could not be considered to be a revenue receipt and was not therefore liable to be included in computing the agricultural income of the respondent. On a reference made to the High Court, the Division Bench agreed with the Tribunal and answere....

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....e produce raised or received by him fit to be taken to market, or (iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by him, in respect of which no process has been performed other than a process of the nature described in sub-clause (ii)." The question is whether the sale proceeds of grevelia trees which, had become useless, did not fall within the de....