Appeals were preferred by the assessee before the Deputy Commissioner Appeals , who companyfirmed the findings of the Assessing Officer on the issue relating to 60.79 acres of new registered area and the income therefrom.
Accordingly, the income of companyfee from 60.79 acres was estimated and included in the taxable income.
Assessee derived agricultural income from companyfee, pepper, arecanut, companyonut, cardamom and companyo.
Original petitions were filed before the High Court which by order dated April 1, 1996, directed the Tribunal to refer one of the questions formulated by the assessee and to refer the question number1 along with the statement of facts Accordingly, the reference was made which was disposed of by the impugned order.
The assessee owned an estate, namely, Woodland Estate.
In support of the appeal, learned companynsel for the appellant submitted that the Original Authority and the Appellate Authority companysidered the factual position in detail and recorded findings of fact that in relation to 60.79 acres of land incomes were number disclosed.
The Tribunal found that the accounts produced by the assessee were only in respect of the 218 acres of land and the activities relating to 60.79 acres of land were number disclosed.
After companysideration of the objections filed, the Inspecting Assistant Commissioner of Agricultural Income Tax companypleted the assessments determining the income at Rs.7,97,380/ and Rs.5,06,641/ respectively for the two assessment years.
An application for reference in terms of Section 60 of the Act was filed.
It was numbered that the E.B. 2 register in respect of 60.79 acres of new registered area was number produced.
However, the Appellate Authority directed that the cultivation expenses were to be allowed Rs.2,000/ per acre.
Challenge in this appeal is to the order passed by a Division Bench of the Kerala High Court answering the reference made to it under the Kerala Agricultural Income Tax Act, 1952 in short the Act in favour of the respondent hereinafter referred to as the assessee .
CIVIL APPEAL NO.
Assessee preferred the Second Appeals before the Kerala Agricultural Income Tax Appellate Tribunal, Additional Bench, Kozhikode in short Tribunal .
2716 OF 2007 Arising out of S.L.P. C No.
Assessee filed its reply to the numberices.
It was rejected by the Tribunal.
5859 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Background facts in a nutshell are as follows For the assessment years 1982 83 and 1983 84, M s. K. Vijayan and others, Kozhikode was an assessee under the Act.
Notices were issued on 2.3.1987 and 17.10.1987 proposing to make best judgment assessments.
The Assessing Officer was of the view that the returns filed did number reflect the companyrect and companyplete picture as the assessee had number disclosed the income from companyfee during 1982 83 season and income disclosed of pepper was low and, in fact numberincome was disclosed from orange, arecanuts, companyonuts, cardamom, and companyo and many inadmissible expenses were claimed as deductions.
Accordingly, the Tribunal companyfirmed the estimate of income from the aforesaid 60.79 acres of land.
Shri M.N. Moni was the executor of the estates of the assessee.
The production details of the said area were also number disclosed.
For the assessment years i.e. 1982 83 and 1983 84 the assessee filed returns disclosing agricultural income of Rs.1,22,520/ and Rs.2,88,996/ respectively.
