DEBAPRASAD PAUL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This appeal under Section 260A of the Income-tax Act, 1961 is at the instance of an assessee and is directed against order dated October 28, 2003 passed by the Income-tax Appellate Tribunal, 'D' Bench, Calcutta, in ITA No.43 (Kol) of 2003 relating to the Assessment Year 1992-93.

(2.) The facts giving rise to filing of this appeal may be summed up thus:

(3.) Being dissatisfied, the assessee has come up with the present appeal. After hearing the learned counsel for the parties and after going through the materials on record, we find that in the earlier proceeding as regards the income of Rs.9,87,000/- from the sale of the land in question, it has been held finally that such amount cannot be taxed as revenue receipt and that the assessee was prepared to pay capital gain tax on the sale proceeds on account of the sale of those plots of land.