M RAMANAMMA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Hyderabad Bench "a" (for short "the Tribunal"), has referred the following two questions to this court at the instance of the assessee for the assessment years 1966-67 to 1969-70:

(2.) WHETHER, on the facts and in the circumstances of the case, and on a correct application of the tests laid down by the supreme Court in CWT v. Officer-in-Charge (Court of Wards)the Tribunal is correct in law in holding that the lands of the assessee acquired by the Government under the Land Acquisition Act were non-agricultural in character and were capital assets at the relevant point of time and, therefore, gain arising out of the receipt of the compensation for the compulsory acquisition of those lands was assessable to tax under the head 'capital gains' ?" 2. At the instance of the Revenue, the following question is referred :

(3.) ALTHOUGH the assessee was served with notice, she remains unrepresented. Therefore, there is no need to opine on those two questions referred to us at the instance of the assessee.