STATE OF TAMIL NADU Vs. TVL GOODWILL ESTATE

JUDGEMENT

(1.) THIS revision is directed against the order, dated September 21, 1993, of the Tamil Nadu Agricultural Income-tax Appellate Tribunal, Madras-104 (for short "the Tribunal"), and made in A. T. A. No. 36 of 1993 relating to the assessment year 1992-93 under the Tamil Nadu Agricultural Income-tax Act, 1955 (for short "the Act").

(2.) TVL Goodwill Estate, Kotagiri, is an assessee coming within the jurisdiction of the Agricultural Income-tax Officer, Coonoor (in charge). The assessee had been assessed to agricultural income-tax for the assessment year 1992-93. It appears that while making the assessment, the provisions of the Amendment Act 40 of 1991 had been applied. The assessee, it is said, aggrieved by the assessment so made, filed an appeal before the Assistant Commissioner of Agricultural Income-tax, Coimbatore-18. The assessee faced dismal failure with regard to the challenge made as respects the applicability of the amendment Act 40 of 1991.

(3.) THERE is no pale of controversy that the accounting period of the assessment is from April 1, 1991, to March 31, 1992, and the income of the said period is exigible to tax for the assessment year 1992-93. The Amendment Act 40 of 1991 had admittedly come into force on April 1, 1992. The contention taken up by the assessee before the Tribunal was that since the income of the previous year is determined on the date of the commencement of the assessment year, the law in force on the date of the commencement of the assessment year alone has to be taken into consideration for making the assessment of the income for the relevant previous year and since the Amendment Act had come into force on April 1, 1992, the said Act is inapplicable to the assessee for finalising its assessment relatable to the year 1992-93.