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Market gardening.
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2.—(1) In this section “market garden land” means land in the State occupied as a nursery or garden for the sale of the produce (other than land used for the growth of hops) and “market gardening” .shall be construed accordingly.
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(2) Notwithstanding anything in Schedule B, or in the Rules applicable thereto, market gardening shall, for all the purposes of the Income Tax Acts in relation to the person by whom it is carried on, be treated as a trade and—
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(a) the profits or gains thereof shall be charged under Case I of Schedule D, and
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(b) income tax shall not be charged under Schedule B in respect of the occupation of market garden land,
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but where land is market garden land for part only of the year of assessment, tax shall be charged under Schedule B on that land for that year on so much of the assessable value of that land as bears to that value the same proportion as the remainder of that year bears to one year.
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(3) Where part of property valued under the Valuation Acts as a unit is market garden land—
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(a) the annual value of the market garden land, for the purposes of Rule 5 of the Rules applicable to Cases I and II of Schedule D, shall be arrived at by apportionment of the rateable valuation of the property,
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(b) the assessable value for the purposes of any assessment under Schedule B in respect of the remainder of the property shall be arrived at by apportionment of the amount which would have been the assessable value of the property, for the purposes of Schedule B, if no part thereof had been market garden land, and
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(c) any apportionment required by this subsection shall be made by the inspector of taxes according to the best of his knowledge and judgment.
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(4) An apportionment made under paragraph (c) of subsection (3) of this section may be amended by the Special Commissioners, or by the Circuit Judge, on the hearing, or the re-hearing, of an appeal against an assessment made on the basis of the apportionment, but, on the hearing, or the re-hearing, of any such appeal, a certificate of the Commissioner of Valuation tendered by either party to the appeal and certifying, as regards property valued under the Valuation Acts as a unit, the amount of the rateable valuation of the property attributable to any part of the property, shall be conclusive as to the amount so attributable.
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(5) Where, for any year of assessment, tax under Case I of Schedule D in respect of the profits or gains of market gardening is chargeable on, or by reference to, the amount of the profits or gains of a year or period falling wholly or partly before the 6th day of April, 1958, that amount shall be computed as if subsection (1) of this section had had effect for the whole of that year or period.
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