Judgment

GAJENDRAGADKAR, J. : This appeal by a certificate arises out of a reference made to the High Court at Calcutta under S. 63(1) of the Bengal Agricultural Income-tax Act IV of 1944 (hereafter called the Act). The appellant, the Dooars Tea Co. Ltd., is a public limited company and it carries on business of growing, manufacturing and selling tea. For the accounting year 1948 which corresponds to the assessment year 1949-50 a return was submitted by the appellant in respect of its agricultural income showing the said income at Rs. 3,45,702. The Agricultural Income-tax Officer, however, did not accept the correctness of the said return and increased the amount to Rs. 4,41,940. This increased amount included a sum of Rs. 39,849 and it represented the market value of the appellant s agricultural income from bamboos, thatching grass and fuel timber. It is this amount thus added by the Agricultural Income-tax Officer to the agricultural income of the appellant in the relevant year that has given rise to the present reference.

2. The facts leading to the reference are not in dispute. The appellant holds a large tract of land under lease from the local Government and it is common ground