THIRUMBADI RUBBER CO LTD Vs. JT CIT (ASST )

JUDGEMENT

(1.) The petitioners challenge Ext. P3 order whereby the 1st respondent Joint Commissioner (Assessment) sought to assess the 1stpetitioner to income-tax on centrifuged latex. The learned Counsel for the petitioners submits that this question has already been considered by a learned Single Judge of this court in O.P. No. 7954/2000 and decided in favour of the assessee holding that if agricultural income-tax has been assessed on the centrifuged latex, no assessment can be made under the Income Tax Act. It is not disputed by the learned standing Counsel for the Income-tax department that if the assessee had actually been assessed to agricultural income-tax and in fact the assessee has paid such agricultural income-tax, then there is no scope for the assessment of central income-tax on the centrifuged latex. In the above circumstances, I dispose of the original petition in the following terms:

(2.) The original petition is disposed of as above.