KAUSHAL CONSTRUCTION COMPANY Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY order passed by this court on September 20, 1980, in Miscellaneous Civil Case No. 498 of 1979 preferred by the assessee, the Income-tax Appellate Tribunal, Nagpur Bench, Nagpur, was directed to submit the statement of the case and make a reference on the following question of law, namely:

(2.) IN accordance with the order dated September 20, 1980, the Appellate Tribunal has submitted the statement of the case.

(3.) FROM the facts and circumstances as noted above, the real question which arises for decision of this court is whether the assessee was carrying on the business during the relevant accounting year so as to make the amount received by the assessee during the assessment year 1973-74 taxable under Section 28(1) of the Income-tax Act.