Law:

Section:

Section 2(1A) , read with section 10(1) of the Income-tax Act, 1961 [Corresponding to section 2(1), read with section 4(3)(viii) of the Indian Income-tax Act, 1922] - Agricultural income - Assessment year 1942-43 - Assessee's claim that income from sale of timber and other forest produce from forest lands and leases of pastures was agricultural income and exempt from tax under section 4(3)(viii) of 1922 Act was rejected by Tribunal - Whether income derived from sale of timber obtained from forest of spontaneous growth was not agricultural income within meaning of section 2(1) and was thus not exempt from taxation under section 4(3)(viii) of 1922 Act - Held, yes - Whether so far as income derived from letting out pastures was concerned, it would be agricultural income to extent that it was derived from agricultural animals pastured thereon and not as to rest - Held, yes FACT. Tribunal held that income from sale of standing timber, charcoal, lac, harsa nuts etc. from forest lands and leases of pastures was not agricultural income as grass and timber being of spontaneous growth were not being subjected to any agricultural operations. On reference : HELD Income derived from sale of timber obtained from forests of spontaneous growth was not "agricultural income" within the meaning of section 2(1) and was thus not exempt from taxation under section 4(3)(viii ) of 1922 Act. So far as income derived from letting out and the pastures was concerned, it can be said that it would be agricultural income to the extent that it was derived from agricultural animals pastured thereon and not as to the rest. The case was partially decided in favour of assessee and partially against him. CASES REFERRED TO Benoy Ratan Banerji v. CIT [1947] ( 15 ITR 98 ), Beohar Singh Raghubir Singh v. CIT [1947] (ILR 1947 Nag. 425; AIR 1948 Nag. 228; 16 ITR 233), Emperor v. Probhat Chandra Barua [1924] (ILR 51 Cal. 504; AIR 1924 Cal. 668; 84 IC 31; 1 ITC 284), Hajee Muhamad Sadak Khoyee Sahib v. CIT [1935] ( 3 ITR 1; 8 ITC 138), CIT v. Maharajadhiraj of Darbhanga [1935] ( 3 ITR 305; 62 IA 215; 14 Pat. 623; AIR 1935 PC 172; 157 IC 289; 69 MLJ 474; 8 ITC 391), Maharaja of Kapurthala v. CIT [1945] (…

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