APEEJAY TEA LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE CIT (A) in his order observed that Rule 8 has no applicability in the matter of calculation of Fringe Benefit Tax. Rule 8 of the Income Tax Rules provides as follows:

(2.) MR . Majumdar, learned advocate appearing for the appellant/assessee, drew our attention to Clause 1 of Article 366 of the Constitution of India wherein agricultural income has been defined as follows:

(3.) HE also drew our attention to paragraphs 27 and 30 of the judgment in the case of Tata Tea Ltd. and Another vs. State of West Bengal & Ors., : 1988 (Supp) Supreme Court Cases 316. From paragraph 27 he pointed out that Their Lordships ruled that Rule 24 of the Income Tax Rules, 1922 and Rule 8 of the Income Tax Rules, 1922 are in pari materia. From paragraph 30 of the said judgment he read out the following portion: