Judgment

KAPUR, J. : This is an appeal by special leave against the judgment and order of the High Court at Patna answering the question referred to it by the Income-tax Appellate Tribunal against the assessee who is the appellant before us. The appeal relates to three assessments made on the appellant for the respective assessment years 1945-46, 1946-47 and 1947-48.

2. The appellant is a Zamindar and owns considerable properties. In the accounting years he granted licences to different parties to prospect for Bauxite. The particulars of the licences are :

Received from Date of the Licence. Period of Licence. Assessment Year Amount Received.

Rs.

1. Aluminium Coroporation of India Ltd. 20-1-1945 6 months 1945/46 15,290/-.

2. Indian Aluminium Co. Ltd. 26-5-1945 1 year 1946/47 1,24,789/-.

3. Dayanand Modi 7-5-1945 6 months 1947/48 1,500/-

4. Indian Aluminium Co. Ltd. 14-8-1945 1 year 1947/48 70,146/-.

The Income-tax Officer held that these amounts were received as revenue payments and were therefore taxable. On appeal to the Appellate Assistant Commissioner the amounts were held to be capital receipts but this order was set aside by the Income-tax Appellate Tribunal which held the amount