COMMISSIONER OF INCOME TAX Vs. NARESH CHANDRA BHARGAVA

JUDGEMENT

(1.) Under Section 256(2) of the Income-tax Act, 1961, the Tribunal has stated the following questions ;

(2.) The assessment year concerned herein is 1966-67 and the previous year relevant thereto is the calendar year 1965. Certain property was acquired in which the assessee, an individual, had an interest. Not satisfied with the compensation awarded by the Land Acquisition Officer, the matter was carried to the civil court. The civil court made an award on September 30, 1964. The civil court enhanced the compensation and awarded interest on such enhanced compensation. It appears that there was a partition on September 27, 1964, with respect to this additional compensation. The additional compensation appears to have been actually received some time towards the end of year 1965.

(3.) We have gone through the two orders of the Tribunal and the Appellate Assistant Commissioner. A number of questions were considered with which we are not concerned. Indeed, many of the facts do not, appear to be very clear. We propose to confine ourselves to the question actually referred.