COMMISSIONER OF INCOME TAX Vs. EASTERN BOOK COMPANY

JUDGEMENT

(1.) The above appeals have been filed under Section 260A of the Income Tax Act against common order dated 9th of August, 1999 passed by the Income Tax Appellate Tribunal 'B' Bench Allahabad in I.T.A. No. 193 and 194 (Alld.) of 1991 relating to the assessment years 1985-1986 and 1986-1987.

(2.) The facts necessary for disposal of the appeals may be noticed in brief. The assessee, a registered firm, received Rs. 85,000/- as infringement of copyright for the assessment year 1985-1986. Similarly, for the assessment year 1986-1987 it received Rs. 25,000/-. The assessing officer and the first appellate authority as well rejected the contention of the assessee that the said amounts were received as capital receipt. But the Tribunal in second appeals referred to above filed by the assessee on the basis of the judgment of the Apex Court in CIT v. Sirpur Paper Mills, (1978) 112 ITR 776 by a common order has held that the said amounts are not revenue receipts but are capital income and therefore, not liable to be taxed.

(3.) Challenging the orders of the Tribunal, the above appeals have been filed and following substantial question of law has been sought to be raised :