Income-Tax Officer vs Bondada Satyanarayana Sons. on 6 September, 1984
In Kali Prasad Singhs case (supra) there was a prohibition by the Bengal Cess Act, 1980, for recovering the entire road cess from the tenant. There the Patna High Court held the amount of cess recovered by the landlord in excess of Rs. 1 lakh of his income can be assessed to income-tax under the Indian Income-tax Act, 1922. But according to the facts appearing in the present case, 1 per cent commission was collected in view of the order of the High Court as stated above. Therefore, at the time when the collection was made, there was sanction of the Court to collect and keep the same in a separate account with an undertaking to repay the same to the agriculturists.