CAIT Vs. M J CHERIAN

JUDGEMENT

(1.) The questions referred to us by the Kerala Agricultural Income Tax & Sales Tax Appellate Tribunal, Trivandrum are in these terms:

(2.) The assessee went up in appeal before the Appellate Asst. Commissioner, Alleppey raising various contentions. The Appellate Asst. Commissioner made certain modifications in regard to the yield and expenses under paddy as per his common order in all the appeals dated 7-4-1970. The Appellate Authority, however, did not interfere with valuation of paddy as such.

(3.) The matter was taken up in second appeal in A.I.T.A Nos. 296 to 299/70 before the Kerala Agricultural Income Tax Appellate Tribunal by the assessee. One of the main points raised before the Tribunal was whether the assessing officer is entitled to calculate the price of paddy at a rate exceeding the Nirak Rate or the rate prescribed under the Kerala Paddy (Maximum Prices) Order. The finding of the Tribunal on the question is as follows: