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Assam Agricultural Income Tax Act, 1939 - Notes
Assam Agricultural Income Tax Act, 1939 - Notes
In the India's first Income Tax Act of 1860, agricultural income was made taxable like any other source of income and
no distinction was made between agricultural and non-agricultural income for taxation purpose.
In 1886, when a regular Income Tax Act was passed agricultural income was exempted from Income tax.
The Government of India Act of 1935, provided for the distribution of legislative powers between the federal
legislature and the provincial legislature and by enumerating the tax on agricultural income in the provincial list under
entry 41 of the Seventh Schedule, it was made a State subject.
The Constitution of India retained the same provision in entry 46 of List II - State List, in its Seventh Schedule.
Enacted in the year of 1939, the Assam Agricultural Income-tax Act has undergone several amendments from time to
time and came into effect on 1st April 1939.
1. This Act covers agricultural incomes arising from lands situated in the State of Assam.
2. Levies tax on agricultural income in Assam arising from:
a) Rent or revenue derived from agricultural land (Section 2(a)(1)) ie, ‘’Any rent or revenue derived from
land which is used for agricultural purposes, and is either assessed to land revenue in Assam or subject to
a local rate assessed and collected by officers of the Government as such’’.
b) Income from cultivation/agricultural operations (Section 2(a)(2) ie, ‘Any income derived from such land
by –
(i) agriculture, or
(ii) the performance by a cultivator or receiver of rent in kind of any process ordinarily
employed by a cultivator or receiver of rent-in-kind to render the produce raised or received
by him fit to be taken to market, or
(iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by him,
in respect of which no process has been performed other than a process of the nature
described in sub-clause (ii)’.
c) Income from cultivation, manufacture and sale of tea are also included in this Act as, Cultivation of tea
means that portion of the income derived from the cultivation, manufacturing and sale of tea as is defined
to be agricultural income for the purpose of the enactments relating to the Indian Income Tax.
"Total agricultural income" means the aggregate of amounts of agricultural income referred to in clause (a) of
section 2 and determined in the manner laid down in or under this Act. (Section 2(p))
3. Where the assessee's agricultural income for a period of thirteen months or more is included in his total agricultural
income for the transitional previous year the allowance in respect of depreciation admissible under the provisions of
this Act shall be increased by multiplying it by a fraction of which the numerator is the number of months in the
transitional previous year and the denominator is twelve. (Section 2(d)(4))
4. The State Government may if it considers it desirable or expedient so to do for avoiding genuine hardship, by
general or special order, grant appropriate relief in any case or class of cases where the transitional previous year is
longer than twelve months. (Section 2(d)(6))
5. "Person" includes – (i) An individual, (ii) A Hindu undivided family, (iii) a company, (iv) a firm, (v) an association
of persons or body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial
juridical person, not falling within any of the preceding sub-clauses. (Section2(m))
6. "Principal Officer" (Section 2(o)) used with reference to any company or association means: -
(i) The secretary, treasurer, manager or agent of the company or association, or
(ii) Any person connected with the company or association upon whom the Superintendent of
Taxes or Agricultural Income-tax Officer has served a notice of his intention of treating him
as principal officer thereof.
7. CHARGE OF AGRICULTURAL INCOME TAX:- (Section 3-17)
Section 3 of the Act provides about the Charge of Agricultural income tax, ‘’Agricultural income-tax at the rate or
rates specified in the Schedule, subject to the provisions of Section 6, shall be charged for each assessment year in
accordance with and subject to the provisions of this Act on the total agricultural income of the previous year of every
person.’’
Section 3A provides that Notwithstanding anything contained in the provisions of this Act, the tea-garden owned
by the Assam Tea Corporation Limited shall not be liable to pay tax under this Act on the total agricultural income of the
previous year: Provided that this shall be effective on and from 1st April, 2005 for a period of five years only:
Provided further the State Government may, by notification in the Official Gazette, extend the period of
exemption for further periods, not exceeding one year at a time, subject to such conditions and restrictions as may be
specified in the said notification.
Section 4 discussed about the exemption that Except as provided elsewhere in this Act, agricultural income-tax
shall not be assessed on, and be payable by an assessee in respect of –
• Income from a Hindu Joint or Undivided Family- Any income received as a member of a Hindu joint
or undivided family, provided the agricultural income of the family has already been assessed to
agricultural income-tax under this act, is exempt.
And rule 22 of the Assam Agricultural Income-tax Rules, 1939, provides that When a Hindu undivided or
joint family claims partition after being assessed for agricultural income tax but before assets are realized,
the Agricultural Income Tax Officer will investigate. If satisfied, the officer will order that each member
or group be liable for a share of the family's total tax, based on their portion of the property. Despite the
partition, all members remain jointly responsible for the already assessed tax. If no apportionment order is
made, the family is deemed to continue as undivided or joint for tax purposes.
• Shareholders in a Company- Any sum which he receives by way of dividend as a shareholder in any
company where the agricultural income of the company has been assessed.
• Share in a Firm's Agricultural Income- The amount of agricultural income from a firm that has been
assessed to agricultural income-tax, proportionate to the individual's share in the firm at the time of
assessment, is exempt when received by the individual.
• Share in Agricultural Income of an Association of Individuals- Any sum received as a share of
agricultural income from an association of individuals (excluding Hindu joint or undivided families,
companies, or firms), where such income has been assessed to agricultural income-tax under this act, is
exempt.
• Income After Tax Assessment and Realization- Any sum received after the tax on it has been assessed
and realized under Sections 9 to 14 of this act is exempt.
➢ Determination of Agricultural Income
The agricultural income shall be assessed on the net amount of such income determined in the prescribed manner.
Rules prescribing the manner of determining the net amounts of agricultural income following deductions shall be
made from the gross amounts of such income, namely:
• Revenue paid to government or rent to landlords.
• Local rates and village charges.
• Collection charges, maintenance, and repair expenses.
• Interest on loans and depreciation of assets.
• Donations up to Rs. 5 lakh or 10% of income (whichever is less).
• Insurance expenses and other specified expenditures.
And, Income from tea cultivation is partially considered agricultural income and is computed based on the Indian
Income Tax Act, 1961. (Section 8B)
Deductions for Investments and Expenditures: (Section 8)
- Deductions are allowed for investments in plantation development, power generation units, and industrial units.
- Deductions are also provided for specific expenses related to the cultivation and transportation of crops,
maintenance of assets, insurance, and flood control measures.
- An individual’s agricultural income includes the income of a non-separated spouse or minor child derived from joint
ownership or transferred assets. (Section 8A)
Exemptions for Charitable Trusts and Waqf:
- Income derived from property held under trust for charitable or religious purposes is exempt. (Section 9)
Here, ‘purpose of a charitable nature’ includes relief of the poor, education, medical relief and advancement of
any other object of the general public authority.
- Agricultural income of certain Muslim trusts (waqf) is excluded, with exceptions for specific beneficiary shares.
(Section 10)
Assessment of Agricultural Income:
- Provisions for the assessment of income from land held for the benefit of multiple persons or managed by a common
manager, ie, Where any person holds land, from which agricultural income is derived, as a common manager appointed
under any law for the time being in force or under any agreement or as receiver, administrator, or the like on behalf of
persons jointly interested in such land or in the agricultural income derived therefrom, the aggregate of sums payable as
agricultural income-tax by each person on the agricultural income derived from such land and received or receivable by
him shall be assessed on such common manager, receiver, administrator or the like and he shall be deemed to be the
assessee in respect of the agricultural income-tax so payable by each such person and shall be liable to pay the same.
(Section 13)
- Liability extends to the Court of Wards, Administrator General, or Official Trustee for income received on behalf of
others. (section14)
Exemption for Life Insurance Payments: (section 15)
- Agricultural income tax is not payable on sums paid for life insurance or deferred annuities, subject to certain
conditions and limits.
Carrying Forward of Losses: (Section 16)
- Losses from agricultural income can be carried forward and set off against future profits for up to three years,
provided the loss return is filed on time.
11. REFUND:-
Section 39: Refund
1. Refund Mechanism:
• The Superintendent of Taxes or Agricultural Income-tax Officer is responsible for refunding any sum paid
by an assessee that exceeds the amount due under this Act.
• The refund can be made either by cash payment or, at the assessee's option, by setting it off against sums
due for any other assessment year.
2. Interest on Delayed Refunds:
• If a refund is delayed beyond ninety days from when it becomes due, the State Government must pay
simple interest at a rate of twelve percent per annum on the refundable amount.
• This provision does not apply to assessees whose agricultural income tax for that year does not exceed
two thousand five hundred rupees.
3. When Refund is Deemed Due:
• Reduction on Appeal or Revision: Refunds are due from the date the appellate or revisional authority's
order is known to the assessing authority.
• Other Cases: Refunds are due from the date an application for refund is made by the assessee.
Section 39A: Remission
• The State Government has the discretion to remit (waive) the whole or part of the tax, interest, or penalty for any
assessment year.
• Remission is granted based on written reasons, particularly if the assessee has suffered heavy loss due to a
calamity.
Key Points to Note
• Refund Options: Assessees can choose between receiving refunds in cash or having them set off against future
dues.
• Interest on Refunds: The twelve percent interest on delayed refunds provides a financial incentive for timely
refunds.
• Exemptions: Small-scale assessees (tax not exceeding ₹2,500) do not benefit from the interest provision.
• Remission Authority: The State Government's authority to remit taxes underscores its role in providing relief
during calamities.
Practical Implications
• For Assessees:
• Ensure prompt application for refunds to avoid delays.
• Understand the option to set off refunds against future dues for smoother financial planning.
• Monitor the refund process to claim interest on delays, if applicable.
• For Tax Authorities:
• Maintain efficiency in processing refunds to avoid paying interest.
• Record reasons for any remission clearly to ensure transparency and adherence to guidelines.
13. OTHERS
1. Place of Assessment (Section 43): Defines the jurisdiction for assessing agricultural income based on the location
of the land from which the income is primarily derived.
2. Bar of Suits in Civil Courts (Section 44): Prohibits the filing of suits in civil courts to challenge or modify
assessments made under the Act, and provides indemnity to government officers acting in good faith.
3. Computation of Period of Limitation (Section 45): Specifies the method for calculating the time limit for filing
appeals under the Act.
4. Appearance by Authorized Representative (Section 46): Allows an assessee to be represented by a duly
authorized person in proceedings before income-tax authorities.
5. Receipts to be Given (Section 47): Mandates the issuance of receipts for money paid or recovered under the Act.
6. Tax Clearance Certificate (Section 47A): Requires tea cultivators to obtain a tax clearance certificate to be
produced at specified checkpoints while transporting tea.
7. Indemnity (Section 48): Provides indemnity to persons deducting, retaining, or paying taxes on behalf of others
under the Act.
8. Powers of Income-tax Authorities (Section 49): Specifies the documents that income-tax authorities can call for
to ascertain agricultural income.
9. Delegation of Powers (Section 49A): Allows the Commissioner of Taxes to delegate powers under the Act to
specified authorities.
10. Rule-making Power (Section 50): Grants the State Government authority to make rules for implementing the
Act.
11. Power to Remove Difficulties (Section 51): Authorizes the State Government to take necessary measures to
address difficulties in implementing the Act.
12. Savings Provisions (Section 52): Specifies that certain provisions of earlier laws and rules regarding tax returns
and interest levy remain in force up to a specified financial year.