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Kerala act 010 of 1959 : The Madras Plantations Agricultural Income Tax (Revival) Act, 1959 (No.10 of 1959)

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THE MADRAS PLANTATIONS AGRICULTURAL

lNCOME TAX (REVIVAL) ACf, 1959 (Act 10 of 1959)

CONTENTS

Sections.

1. Short title and commencement.

2. Revival of Madras Act V of 1955 for certain purposes

8. Repeal and sa vin~ .

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ACr 10 OF .1950 *' THE MADRAS PLANTATIONS AGRlCUL TURAL

INCOME TAX (REVIVAL) ACT, 1959

A11 Act to revzve 1/u Madras Pla11latzo11S Agrzcultll1·al lttcomelox Act, 1955 (Madras Act V of 1955) for the purposes and to the e~·tcnt heremafter spwjzcd.

f'ICilfllble -WHEREAS The Madras Plantations Agricultural Income-tax Act, 1955 (Madras Act V of 1955). as in force in thQ Malabar district referred to in sub-section (2) of .;ection 5 of the States Reorganisation Act 1956 (Central Act 37 of 1956), was repealed by section 15 ot the Travancore-Cochin Agricultural Income-tax (Amendment) Act, 1957 (Kerala Act 8 of 1%7); AND WHEREAS it has become necessary naving regard to the decision of the Honourable HiglJ Court of Kerala in 0. P. No. 424 of 1957 to revive the said Madras Act V of 1955 for the pur- poses of the levy, assessment, re-al!.Sessment and collection of agricultural income-,ax under the Act aforesaid in respect of the agricultural income for the period or periods prior to the 1st day of November, 1956 ;

BE it enacted in the Tenth Year of the Republic of India as follows:-

1. Shor tztlc mrd commmccmmt.-(1) This Act may be called, the Madras Plantations Agricullural .Income-tax (Revival) Act, 1959.

(2) It shall be deemed to have come"' into force on the ht day of April, 1957.

2. Rcvzval of 111 adras Act V of 1955 for ccrlam purposes.-( 1) The Madras Plantations Agricultural Income-tax Act, 1955 (Madras Act V of I955), hereinafter referre

l2) For the purposes of levy, assessment, re-assessment and collection of agricultural income-tax under the Madras Act for the assessment year 1~57-58, notwithstanding anything contained .. l'ublJshed in the Gazette Extraordinary dated 20th March, 1959. \'"",

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in sub-clause (L of clause (t) sec1ion 2 of the Madras Act, "pre- vious yearn shall be the period commencing from the day next after the last day of the previous year in respect of the assess- ment year 1956-57 and ending on the 31st day of October, 1956:

Provided tha t,notwithstanding anything contained in section 3 of the Madras Act, the tax chargeable on the total agricultural income for the assessment year 1957-58 shall be at the rate appli- cable to the "average annua-l income" according to the Schedule to the Madras Act; such "average annual income" shall be an amount bearing to the aforesaid total agricultural income the same proportion as the period of twelve months bears to the veriod for wh1ch the agricultural income is reckoned:

Provided further that the limit for exemption from charge- ability to tax for the assessment year 1957-bS shall be determined with reference to the 'average annual income"

3. Repeal allil savmg:-(l) Madras Plantations Agricultural Income-tax (Revival) Ordinance, 1959 (1 of 1959), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Ordmance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act.