Law:

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- Section 2(a) - Kerala Agricultural Income-tax Act, 1950 JUDGMENT George Vadakkel, J.-These four references are at the instance of the assessee and are in respect of four assessment years 1961-62 to 1964-65 (both inclusive). The questions are : "(1.) Whether the sale proceeds of rubber trees sold for being cut and removed with roots for re-plantation for a single consideration can be separated into the value of the trees and the value of the latex that can possibly be extracted therefrom by slaughter-tapping and whether the latter is assessable as agricultural income in the hands of the owner who sold the trees ? (2.) Whether the income attributed to the centrifugal process, etc., is assessable as agricultural income ? (3) Whether in the absence of a machinery to harmonise and reconcile the assessment and fixation of the quantum of assessable income and apportioned expenditure under the State and Central enactments, the agricultural income-tax department is justified in not following or ignoring the basis and assessment of the Central income-tax authorities and disallow legitimate expenditure apportioned to it by adopting different methods, inconsistent with and rejected by the Central income-tax authorities in view of article 366 of the Constitution and whether the proper basis of apportionment is the one adopted by the Central income-tax authorities or the agricultural income-tax authorities ?" 2. Mr. T.L. Viswanatha Iyer, learned counsel for the assessee, at whose instance the references were made, at the outset submitted that questions Nos. 2 and 3 have become purely academic, in that it has been held by the income-tax authorities that the income attributable to centrifugal process, etc., is not assessable to tax under the Indian Income-tax Act. Regarding the income attributable to centrifugal process the assessee contended that a portion of such income has been held to be business income assessable under the Indian Income-tax Act, and that, therefore, that much income should be exempted in computing agricultural income. The Tribunal overruled this claim for the reason that the Income-tax Act or Rules do not warrant the assumption that such income is…

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