Commissioner of Income-tax Vs. M.L. Mahajan - Court Judgment

Excerpt:
- carriers act, 1865.[c.a. no. 3/1865]. section 3: [tarun chatterjee & r.v. raveendran, jj] limitation for claim in respect of loss of goods during transit - complaint against carrier limitation - carrier not informing the consignor that goods were lost consignor in constant touch with the carrier demanding delivery carrier repeatedly informing that it was in process of locating the goods and asked the consignor to wait held, limitation for an action would not start to run until there was a communication from carrier either informing about loss, or expressing its inability to deliver or refusal to deliver or until consignor makes a demand for delivery or payment of value of consignment after waiting for a reasonable period and there is non-compliance. complaint filed within two years.....order1. the question that arises in these transferred cases reads thus :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the capital gain arising on the sale of agricultural land situated in the municipal limits of pathankot is not taxable under the income-tax act, 1961 ?'2. it is not in dispute that the question must now be answered in the negative and in favour of the revenue in the light of the judgment of this court in singhai rakesh kumar v. union of india [2001] 247 itr 150 ; : (2001)164ctr(sc)483 .3. the references are allowed accordingly and the transferred cases disposed of.4. no order as to costs.

Judgment:
ORDER

1. The question that arises in these transferred cases reads thus :

'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the capital gain arising on the sale of agricultural land situated in the municipal limits of Pathankot is not taxable under the Income-tax Act, 1961 ?'

2. It is not in dispute that the question must now be answered in the negative and in favour of the Revenue in the light of the judgment of this court in Singhai Rakesh Kumar v. Union of India [2001] 247 ITR 150 ; : (2001)164CTR(SC)483 .

3. The references are allowed accordingly and the transferred cases disposed of.

4. No order as to costs.