Patna Court December 1965 Judgments

Maharaja Chintamani Saran Nath Sah Deo Vs. the Commissioner of Income- ... Overruled

Court: Patna

G. N. PRASAD, J. - Under section 66(1) of the Income-tax Act, 1922, the Appellate Tribunal, Patna Bench, has drawn up a statement of the case and formulated the following question of law for determination by the High Court :"Whether, on the facts and circumstances of this case, the Tribunal was right in holding that the sum of Rs. 2,20,000 was the income of the assessee assessable to tax under the provisions of the Income-tax Act ?"The original assessee was Maharaja Pratap Udai Nath Sah Deo, the holder of an impartible estate. By an indenture of lease dated the 22nd January, 1944, the assessee granted a lease of certain mining rights to Messrs. Aluminum Production Company Ltd., in respect of 171.03 acres of land for a period of thirty years on, inter alia, the following terms :(i)Salami (inclusive of Moharkarai and Dewai Negi amounting to Rs. 5,000)Rs. 2,25,000(ii)Rent0-8-0 per acre.(iii)Royalty0-6-0 per ton.(iv)Minimum royaltyRs. 22 per acre.Previous to this, on the 20th March, 1941, ...