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whether income from fisheries be considered as agricultural

Naveen Purba (practice) (40 Points)

01 July 2009

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

please refer case law.

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13 Replies

(Guest)

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

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sudhir gautam (CA Final) (145 Points)
Replied 01 July 2009

Yes Tinku is right

praveen (Chartered Accountant) (6971 Points)
Replied 01 July 2009

yeah agriculture income does not include fisheries and mines

Yogesh Shah (Managing Corporate Finance) (1051 Points)
Replied 01 July 2009

Hey dude - Tinku,

Thnx for sharing aforesaid Case.

Gaurav Shah (Partner) (23 Points)
Replied 01 July 2009

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

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Indudhar (Tax Advocate) (427 Points)
Replied 01 July 2009

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

Sourabh Sharma (CS CA (Final) M.com NCFM Derivative Capital Market Mutual Funds) (771 Points)
Replied 02 July 2009

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.

1 Like

CA Durga Prasad Sigatapu (CA CS executive programme student) (151 Points)
Replied 02 July 2009

Income fisheries is not an agricultural income

Manmohan ACA, CS (Chartered Accountant ) (14243 Points)
Replied 02 July 2009

Unanimous answer

Anumanchipalli Sathikonda (Tax Consultant) (1559 Points)
Replied 13 July 2009

Hello All

Incomes from Fisheries and Poultry are "income from business"

Best wishes

Sathikonda

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Anumanchipalli Sathikonda (Tax Consultant) (1559 Points)
Replied 13 July 2009

Mr.Tinku

Please let me know the citatin of the case law

Best Wishes

Sathikonda

(Guest)

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

Sunil P (Partner) (30 Points)
Replied 12 April 2012

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