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july 1986

Supreme Court of India · 1986-07-15

COMMISSIONER OF AGRICULTURAL INCOME-TAX, TRIVANDRUM vs KERALA ESTATE MOORIAD CHALAPURAM

Citation / case number
SC 1974/60413
Court
Supreme Court of India
Petitioner
COMMISSIONER OF AGRICULTURAL INCOME-TAX, TRIVANDRUM
Respondent
KERALA ESTATE MOORIAD CHALAPURAM
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court upheld the High Court's decision that remission of interest on a loan, previously deducted under Section 5 of the Kerala Agricultural Income Tax Act, 1950, does not constitute agricultural income. The Court clarified that remission cannot be treated as a receipt of agricultural income, as it does not arise from agricultural operations. The judgment emphasized that no provision in the Kerala Agricultural Income Tax Act allows for such a remission to be taxable, contrasting it with provisions in the Indian Income Tax Act, 1922 and the Income Tax Act, 1961.

COMMISSIONER OF AGRICULTURAL INCOME-TAX, TRIVANDRUM vs KERALA ESTATE MOORIAD CHALAPURAM · Niyam