MANNA RAMJI AND CO Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE question referred for our decision is as follows :

(2.) THE question arises with reference to the assessment year 1951 -52, the account year being the Samvat year 2006, i.e., from October 22, 1949, to November 9, 1950. The facts, upon which the reference came to be made, are briefly as follows :

(3.) NOT satisfied with his offer the assessee -applicant claimed reference to arbitration and on November 10, 1947, the Civil Judge, Senior Division, Poona, was appointed the arbitrator. The Government appointed its consulting surveyor as an assessor to aid the arbitrator and the assessee on its apart of appointed one Mr. J. P. Parekh as its assessor. On April 15, 1948, the arbitrator gave his award and he awarded the following sums of money as compensation to the assessee :