SIVA COFFEE PLANTATIONS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS tax case (revision) is directed against the order passed by the Commissioner of Agricultural Income-tax, Madras-5 (CAIT), in exercise of his powers under Section 34 of the Tamil Nadu Agricultural Income-tax Act, 1955 (Tamil Nadu Act No. V of 1955-for short "principal Act"), in his proceedings S. M. R. P. No. 14 of 1993, dated May 6, 1993, setting aside the order of the Agricultural Income-tax Officer, Pollachi (AITO), in his proceedings GIR No. 21-S of 1992-93 permitting the partners of the firm, namely, Siva Coffee Plantations, to compound the holdings, according to the profit sharing ratio, as agreed to between them.

(2.) THE one and only ground on which the Commissioner of Agricultural Income-tax revised the orders of the Agricultural Income-tax Officer was that the said Assessing Officer was oblivious to the implications of the Tamil Nadu Agricultural Income-tax (Amendment) Act, 1992 (Act No. 36 of 1992--for short "Amendment Act"), and that perhaps was the reason, he would say that the said Assessing Officer permitted the compounding applications filed by the partners of the said firm relatable to the assessment year 1992-93.

(3.) SUB-section (5) of Section 17 had been substituted and SUB-section (3) of Section 65 had been omitted by the amendment Act.