70,146 received by the assessee are income assessable to tax under the Indian Income tax Act?
Against this judgment the appellant has companye in appeal to this companyrt by special leave.
7 5 1945 6 months 1947/48 1,500/ .
Indian Aluminium Co.Ltd. 14 8 1945 1 year 1947/48 70,146/ .
1,24,789, Rs.
On appeal to the Appellate Assistant Commissioner the amounts were held to be capital receipts but this order was set aside by the Income tax Appellate Tribunal which held the amounts to be revenue receipts and taxable as such.
Appeal by special leave from the judgment and order dated January 25, 1955, of the Patna High Court in Misc.
The question was answered in the affirmative and the High Court held that there was material to support the finding of the Tribunal, and it was a finding of fact that the amounts received by the appellant were revenue receipts and number capital receipts.
Dayanand Modi.
CIVIL APPELLATE JURISDICTION Civil Appeal No.424 of 1957.
At the instance of the appellant the case was referred to the High Court under s. 66 1 of the Income tax Act and the following question was stated for the opinion of the Court Whether in the facts and circumstances of these cases the sums of Rs.
Judicial Case No.
C. Chatterjee and R. C. Prasad, for the appellant.
The appellant is a Zamindar and owns companysiderable properties.
N. Rajagopal Sastri and D. Gupta, for the respondent.
The particulars of the licences are Received from Date of the Period of Assess Amount Licence Licence ment year Received.
15,209, Rs.
621 of 1953.
The appeal relates to three assessments made on the appellant for the respective assessment years 1945 46, 1946 47 and 1947 48.
In the accounting years he granted licences to different parties to prospect for Bauxite.
The Income tax Officer held that these amounts were received as revenue payments and were therefore taxable.
The Judgment of the Court was delivered by KAPUR, J. This is an appeal by special leave against the judgment and order of the High Court at Patna answering the question referred to it by the Income tax Appellate Tribunal against the assessee who is the appellant before us.
November 30.
1,500 and Rs.
