THAYAT Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference at the instance of the assessee by the Income-tax Appellate Tribunal, Madras Bench, under Section 256(1) of the Income-tax Act. 1961 The assessment year concerned is 1959-60; and the accounting period, the twelve months ended on the 31st March 1959 The questions referred are:

(2.) THE assessee is the author of a book entitled "Oru Kuttiyute Atmakatha".

(3.) IT is common ground that if we conic to the conclusion that the agreement does not spell an assignment of any interest in the copyright of the book, questions (1). (2) and (3) have to be answered against the assessee and in favour of the Department The main point for determination, therefore, is whether the agreement does or does not involve an assignment of any interest in the copyright of the hook as contended by the assessee