PROVINCE OF BIHAR Vs. LAL CHOUDHURY P C

JUDGEMENT

(1.) -

(2.) THIS is a reference by the Board of Agricultural Income-tax, Bihar under Section 25 (2) of the Bihar Agricultural Income-tax Act (Act VII of 1938) for the answer of the following three question : (1) Whether Rs. 20,306-1-6 1/2 representing interest on arrears of rent is not agricultural income. (2) Whether that portion of the income which was realised by a receiver appointed by the High Court of Calcutta from the properties of the assessee in his possession is not taxable as the agricultural income of the assessee. (3) Whether the amount of Rs. 3,776-9-0 paid by the assessee to his sister Chamela Kumari, as an annuity under a deed of compromise charging the payment on his properties should have been deducted from his assessable income.

(3.) A person holds lAnd from which AgriculturAl income is derived pArtly for his own benefit And pArtly for the benefit of beneficiAries or wholly for the benefit of beneficiAries, AgriculturAl income-tAx shAll be Assessed on the totAl AgriculturAl income derived from such lAnd At the rAte which would hAve been ApplicAble if such person hAd held the lAnd exclusively for his own benefit, And the AgriculturAl income-tAx so pAyAble shAll be Assessed on the person holding such lAnd, And he shAll be liAble to pAy the sAme.