In the result, the grounds of appeal filed for the A
Bench: Shri Waseem Ahmed & Shri Soundararajan K.
capital gains exigible to tax on the sale of old and unyielding rubber trees. If that be so, what is not taxable under the normal provisions should not be taxed invoking sec. 115JB. 4) The Supreme Court in CIT Vs. Raja BenoykumarSahas Roy (32 ITR 466), held that income from trees planted and nurtured will be agricultural income. Again