S KEMPADEVAMMA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee, after having terminated the lease in favour of the lessee, filed a suit for possession and also damages for use and occupation of the property after termination of the lease. THE assessee claimed that the amount awarded by the court as damages for use and occupation of the property by the lessee after the termination of the lease is in the nature of a capital receipt. That claim was negatived by the Assessing Officer, by the appellate authority and also by the Tribunal.

(2.) THE question that has been referred to us is at the instance of the assessee.