Bayer Crop Science Ltd. v Dy. CIT (2023) 156 taxmann.com 510 / / 226 TTJ 825 / (2024) 204 ITD 630 (Mum) (Trib.) Dy. CIT v. Mosanto India Ltd 2023) 156 taxmann.com 510 / / 226 TTJ 825 / (2024) 204 ITD 630 (Mum) (Trib.)

S. 10(1) : Agricultural income-Growing and selling of hybrid corn seeds jointly with help of farmers-Ownership or possession of land is not a pre-condition for claiming agricultural operations to be carried out under section 10(1)-Entitled to exemption.

 Assessee is engaged in growing and selling of hybrid corn seeds jointly with help of farmers. During year, it earned income from said activity which was claimed as exempt under section 10(1). Assessing Officer denied claim of assessee primarily on basis that assessee had not carried agricultural process ordinarily undertaken by cultivator and assessee was not in lawful possession of land.As per agreement between assessee and farmer, farmer agreed to perform agricultural operations such as sowing foundation seeds for purpose of production of hybrid seeds from foundation seeds jointly.Manner in which agricultural process was undertaken by assessee during year was similar to preceding years wherein issue was considered in favour of assessee, assessee was entitled to claim exemption under section 10(1). AY. 2009-10, 2012-13)