LAWS(MAD)-1997-12-97

STATE OF TAMIL NADU Vs. PUTHUTHOTTAM ESTATES LIMITED

Decided On December 12, 1997
STATE OF TAMIL NADU Appellant
V/S
PUTHUTHOTTAM ESTATES LTD. Respondents

JUDGEMENT

(1.) THIS revision, at the instance of the Revenue, is directed against the order dt. 24th Dec., 1992, of the Tamil Nadu Agricultural Tribunal, Madras -104 (for short "the Tribunal"), and made in ATA No. 44 of 1992 relatable to the asst. year 1991 -92.

(2.) THE assessee -company -Tvl. The Puthuthottam Estates Ltd., at No. 10, Damu Nagar, Puliakulam, Coimbatore -641 045, it appears, claimed legal expenses to the tune of Rs. 15,000 by way of deduction under S. 5(e) of the Tamil Nadu Agrl. IT Act, 1955 (Tamil Nadu Act No. V of 1955, for short "the Act"), in the process of computation of the income for the said asst. year 1991 -92. The said legal expenses, it appears, were incurred in protecting the interests of the estate.

(3.) FROM the submissions of Mr. K. Elango, learned Government Advocate (Taxes) representing the Revenue, and Mr. R. Gangadharan, learned counsel appearing for the assessee, the point that emerges for consideration is as to, "Whether the order of the Tribunal as above, on the facts and in the circumstances of the case, is sustainable in law ?"