COMMISSIONER OF INCOME TAX Vs. JANRUDHAN DAS DECD
LAWS(ALL)-1986-8-25
HIGH COURT OF ALLAHABAD
Decided on August 20,1986

COMMISSIONER OF INCOME-TAX Appellant
VERSUS
JANRUDHAN DAS Respondents

JUDGEMENT

- (1.) Having heard counsel for the parties, we are of the opinion that the following three questions of law arise out of the order of Tribunal: "(1) Whether the finding of the Tribunal that the date of transfer should be taken as June 26, 1977 and not June 6, 1977, is vitiated in law inasmuch as the Tribunal has ignored the evidence which was relied on by the Commissioner of Income-tax ? (2) Whether the Tribunal was correct in holding that capital gain does not arise unless the compensation is rceeived and on that basis in computing the period of two years for purposes of exemption under Section 54B from the date of receipt of the compensation ? (3) Whether the Tribunal was correct in holding that the amount paid on account of tube-well and standing trees should be taken to have been paid for purchase of the agricultural land ?"
(2.) We, accordingly, direct the Income-tax Appellate Tribunal, Delhi Bench 'C', New Delhi, to draw up a statement of the case and refer the aforesaid three questions of law to this court for its opinion.
(3.) There shall be no order as to costs.;


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