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K.L.K.Rm. Ramanathan Chettiar, a Firm Vs. Seetharama Ayyar - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtChennai
Decided On
Reported inAIR1941Mad537
AppellantK.L.K.Rm. Ramanathan Chettiar, a Firm
RespondentSeetharama Ayyar
Excerpt:
- 1. it seems to us clear with reference to the definitions in section 3, madras act 4 of 1938 that a firm of money lenders cannot be an agriculturist. if the application be treated as one by the individual member of the firm it must fail, for the individual member has been assessed to income-tax during the period specified in proviso c to section 3(2), so that he cannot claim to be an agriculturist. the appeal is therefore dismissed with costs.
Judgment:

1. It seems to us clear with reference to the definitions in Section 3, Madras Act 4 of 1938 that a firm of money lenders cannot be an agriculturist. If the application be treated as one by the individual member of the firm it must fail, for the individual member has been assessed to income-tax during the period specified in proviso C to Section 3(2), so that he cannot claim to be an agriculturist. The appeal is therefore dismissed with costs.


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