AMALGAMATED COFFEE ESTATES LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application by the Amalgamated Coffee Estates Limited, Sitharkunda, under S.54(1) of the Madras Plantations Agricultural Income Tax Act, 1955, questioning the correctness of the order of the Agricultural Income Tax Appellate Tribunal, Trivandrum, in Agricultural Income Tax Appeal No. 34 of 1959. The assessment related to the assessment year 1956-'57 (accounting period: 1-4-1955 to 31-3-1956).

(2.) In the accounts of the applicant for the accounting year 1-4-1955 to 31-3-1956 a sum of Rs. 56,496/- was shown as the excess received from the Coffee Board in respect of the season 1953-54. The contention of the Department which has found favour with the Appellate Tribunal is that the said amount is assessable in the assessment year 1956-57.

(3.) Sub-section (1) of S.25 of the Coffee Act, 1942, omitting the provisions thereto, reads as follows:--