COMMISSIONER OF WEALTH TAX Vs. SAIDUNNISA BEGUM MRS

JUDGEMENT

(1.) PURSUANT to the direction of the High Court, the Income-tax Appellate Tribunal referred the following question under Section 256(2) of the Income-tax Act, 1961, for the opinion of this court :

(2.) THE undisputed facts are that land belonging to the assessee was acquired and an award was made by the Land Acquisition Officer determining the compensation of Rs. 91,466 paid to the assessee. THE assessee, however, claimed compensation to the extent of Rs. 1,44,665. THE difference of Rs. 1,44,665 and Rs. 91,466 was paid to the tenants, who remained in occupation of the land for a long time. THE fact remains that under the award, the assessee became entitled only to receive compensation to the extent of Rs. 91,466. THE Appellate Tribunal held that as the assessee became entitled to compensation only to the extent of Rs. 91,466, that alone can be computed in the wealth of the assessee.

(3.) THE question, therefore, is answered in the negative.