COMMISSIONER OF INCOME TAX Vs. K K ROY

JUDGEMENT

(1.) The question for consideration in this appeal by certificate is

(2.) The material facts of the case are as follows:

(3.) In our opinion, this appeal is wholly frivolous one and the Commissioner was not justified in wasting public funds in filing such appeals. The point in issue here is covered by several decisions of this Court. It would suffice if we refer to the decision of this Court in Commissioner of Income-tax, Bombay City I v. E. D. Sheppard. 48 ITR 237 - (AIR 1963 SC 1343). This court has been consistently holding that the compensations of the type with which we are concerned in this appeal are capital receipts.