whether income from fisheries be considered as agricultural

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whetther income from fisheries will be considered as agricultural income??

please refer case law.

Replies (13)

Hi Naveen,

Income from fishing is not an agricultural income u/s 2(1A). The case to be reffered:-

Durga Narain Singh vs Commr. Of Income-Tax on 21/2/1947

Yes Tinku is right

yeah agriculture income does not include fisheries and mines

Hey dude - Tinku,

Thnx for sharing aforesaid Case.

 

income from fisheries is to be treated as income fron other sources .it is specifically given in that section

it is clear that fisheries are not covered under agricultural income, are poultries considered as agricultural income??

Cultivation of land to some extent is necessary for the income to be treated as agricultural income. While growing of crops is covered under agriculture's ambit, activities like poultry farming, dairy farming, aquaculture and sericulture on the same land are not treated as agricultural activity.

Income fisheries is not an agricultural income

 

Unanimous  answer

Hello All

Incomes  from Fisheries and Poultry are "income from business"

Best wishes

Sathikonda

 

Mr.Tinku

Please let me know the citatin of the case law

Best Wishes

Sathikonda

Hi Mr. Sathikonda Below is the citation:- Durga Narain Singh vs Commr. Of Income-Tax on 21/2/1947

Please refer to the caselaw.Commissioner of Income-tax  Vs R.Venkataswamy Naidu   1956 29 ITR 529 (SC) .In the said case Supreme court evaded the question whether Income from milk is agricultural income on technical grounds. How ever S.C.cited  some caselaws where income from sale of milk was said to be Agricultural Income. However,S.C. abstained from  commenting on the rightfulness of the decisions. But the caselaw makes good reading .Please check out the following link.          

https://law.incometaxindia.gov.in/DitTaxmann/incometaxacts/2007itact/%5B1956%5D029ITR0529(SC).htm

 

 

 


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