| Case ID |
d67bf872-82d0-4d61-961a-2d419b224e07 |
| Body |
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| Case Number |
Writ Petitions Nos. 2184 and 2259 of 1971 |
| Decision Date |
Jul 12, 1973 |
| Hearing Date |
|
| Decision |
The court allowed the writ petitions and quashed the impugned orders of rectification dated July 22, 1971, for the assessment years 1967-68 and 1968-69. The court held that there was no error apparent on the record that would empower the respondent to make rectification of earlier orders. The court noted that two views were possible regarding the ownership of the sprinkler equipment, and such a matter could not be rectified under section 37 of the Act. The petitioner was entitled to succeed in the case. |
| Summary |
This case revolves around the interpretation of the Mysore Agricultural Income-tax Act, 1957, particularly concerning depreciation allowances on equipment used for agricultural income generation. The petitioner, a coffee planter, claimed depreciation on a sprinkler equipment he hired from the Coffee Board. The Income-tax Officer disallowed this claim, stating that the Coffee Board retained ownership. The court analyzed the legal precedents related to hire purchase agreements and concluded that the Income-tax Officer's rectification of earlier assessment orders was unwarranted due to the lack of an apparent error. The decision emphasizes the importance of ownership determination in tax law and the complexities involved in hire purchase agreements, making it a significant case for tax practitioners and legal scholars. |
| Court |
Mysore High Court
|
| Entities Involved |
Not available
|
| Judges |
G.K. Govinda Bhat C.J.,
K. Jagannatha Shetty, J.
|
| Lawyers |
K. Srinivasan for the Petitioner,
H.N. Narayan for the Respondent
|
| Petitioners |
M.D. Narayan
|
| Respondents |
Agricultural Income Tax Officer
|
| Citations |
1974 SLD 502,
(1974) 95 ITR 452
|
| Other Citations |
K.L. Johar & Co. v. Dy. CCT [1965] 16 STC 213,
Shamsher Ali Abdul Hussain v. CIT [1945] 13 ITR 240 (Nag.),
Srirangacharyulu v. CIT [1965] 58 ITR 95 (AP)
|
| Laws Involved |
Mysore Agricultural Income-tax Act 1957
|
| Sections |
5(c),
37
|