Allahabad Court May 1952 Judgments
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Anand Behari Lal Vs. Commr. of Income-tax
Court: Allahabad
Decided on: May-02-1952
Reported in: AIR1952All842; [1952]22ITR205(All)
Malik, C.J.1. Two questions have been referred to us under Section 66 (1), Income-tax Act for answer:(1) Whether on the terms of the deed of agreement dated 19-9-1940 (Appendix A) and in the circumstancesof the case, the transaction entered into by the assessee was a money-lending transaction entered in the course of his money lending business ? (2) Whether the sum of Rs. 19,123 on account of expenses incurred by the assessee in financing the litigation in pursuance of the aforesaid agreement is a permissible deduction under Section 10(2) (XV), Income-tax Act? 2. The facts that appear from the statement of the case are as follows.3. One Mohammad Azim Khan was a claimant to the Nanpara and the Atraula taluqas. His suit had been dismissed in the original side of the Oudh Chief Court and, instead of filing an appeal under Section 12 (2) of the Oudh Courts Act, he applied for leave to appeal to the Privy Council. The application having failed he filed an application for special leave which...
Pratap Singh Vs. Commr. of Income-tax
Court: Allahabad
Decided on: May-02-1952
Reported in: AIR1952All845; [1952]22ITR1(All)
Y. Bhargava, J. 1. In this reference under Section 66 (l), Income-tax Act, the Income-tax Appellate Tribunal has referred the following questions to us for answer :Q. 1--Whether income from the sale of forest trees of spontaneous growth, growing on land which is assessed to land revenue, is 'agricultural income' within the meaning of Section 2 (1) (a), Income-tax Act and as such exempt from income-tax under Section 4 (3)(viii) of the Act ?Q. 2--Whether the assesee's net receipts from the sale of forest trees were the assessse's income liable to income-tax and not merely capital converted into cash?' 2. As regards the second question, it was the assessee's own case that the forest was being worked for, at least, some time on scientific lines in accordance with a scheme of making profit, there was a regular working plan and the assessee was deriving regular income from the forest and spending money to increase the profit. It was in view of these admissions that Shri Pathak had to concede...
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