120/ per acre the balance was brought to tax and a penalty of rs.
the order was confirmed in appeal to the appellate assistant companymissioner both as to the levy of tax and penalty.
3000/ was levied under s. 20 1 c of the act.
that explanation was rejected by the agricultural income tax officer and after allowing expenditure estimated at the rate of rs.
19 of 1961 and s.c.
and that if the stocks of cardamom sold in the year of assessment be attributed to production of the year the yield would approximately be 134 lbs.
appeals by special leave from the judgment and orders dated numberember 12 1962 and january 1 1964 of the madras high court in tax case number.
58375 9 9 between april 1 1956 and march 31 1957.
an estimate of 40 lbs.
979 and 980 of 1965.
the judgment of the companyrt was delivered by shah j. s. s.rajalinga raja hereinafter called the appellant owns acardamom plantation on a fifty acre estate.
per acre.
per acre would be a fair estimate and that an average expenditure of rs.
petition number142 of 1963 respectively.
145/ per acre should be allowed the tribunal directed that the assessment be modified and the order imposing penalty be set aside.
civil appellate jurisdiction civil appeals number.
the state of madras then applied to the high companyrt of madras in revision.
but the appellate tribunal was of the view that the average production of cardamom per acre was 40 lbs.
the high companyrt was of the view that a part of the stock of cardamom sold in the year though number the whole was probably accumulated stock out of previous years production but since the appellant did number lay before the taxing authorities reliable evidence his explanation was rightly rejected.
swaminathan and r. gopalakrishnan for the appellant in both the appeals .
ram reddy and a. v. rangam for the respondent in both the appeals .
for the assessment year 1957 58 he submitted a return under the madras plantations agricultural income tax act 5 of 1955 disclosing a net income of rs.
holding that.
5250/ from the plantation on enquiry the agricultural income tax officer learnt that the appellant had sold stocks of cardamom of the value of rs.
the appellant explained that those sales represented number the produce of the year of account but accumulated stocks of the past 3 to 4 years.
