THE ACIT,, KOTTAYAM vs. KERALA FOREST DEVELOPMENT CORPORATION LTD, KOTTAYAM
In the result, the appeals filed by the Revenue are dismissed
ITA 441/COCH/2018[2013-14]Status: DisposedITAT Cochin08 May 2019AY 2013-14
Bench: S/Shri Chandra Poojari, Am & George George K., Jm
Section 2(24)
…there is no cost of acquisition. Therefore, the entire amount has to be treated as not taxable. For this proposition, the ld. representative has placed reliance on the judgment of the Calcutta High Court in CIT vs Suman Tea & Plywood Industries (P) Ltd (1997) 226 ITR 34 (Cal); Supreme Court judgment in the case of CIT vs B.C. Srinivasa Setty (1981) 128 ITR 294 (SC) and the judgment of the Kerala High Court in the case of CIT vs E.C. Jacob (1973) 89 ITR 88 (Ker) affirmed in 128 ITR 294 (SC). 10. On the contrary, Smt. S. Vijayaprabha, the ld. DR submitted that admittedly, the trees were grown spontaneously. The ju…