COORG TEA COMPANY LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A highly technical approach by the assessing authority has resulted in the petitioner coming to this court in this revision petition.

(2.) THE assessee derived agricultural income from tea. For the assessment year 1978-79, the assessee while filing its return also filed the order of assessment made under the provisions of the Income-tax Act. At the same time, it was pointed out that an appeal is pending against the said order and, therefore, sought postponement of the assessment by the Agricultural Income-tax Officer. THE assessing authority, however, proceeded to make the order on August 19, 1982, observing that since the assessment under the Income-tax Act has been concluded, there was no statutory bar for him to conclude the assessment under the Karnataka Agricultural Income-tax Act. 1957.

(3.) IN the circumstances, we are of the view that the assessing authority in the instant case erred in refusing to rectify the assessment order. This is a most appropriate case where the power under section 37 of the Agricultural INcome-tax Act should have been exercised by the assessing authority.