Judgement

SIKRI, J.: This is an appeal by special leave directed against the judgment of the High Court at Calcutta in a reference under S. 66 of the Income Tax Act. The four questions referred to the High Court by the Income Tax Appellate Tribunal are:

"(1) Whether on the facts and circumstances of this case the Income-tax Officer, Central Circle XIV, Calcutta, was competent to file the appeal before the Tribunal against the order of the Appellate Assistant Commissioner of Income Tax Range A, Calcutta?

2. Whether on the facts and circumstances of this case the sum of Rs.2,50,000 represented the surplus on the sale of lands which was the stock in trade of the assessee company or was the value of goodwill alleged to have been transferred?

3. Whether on the facts and circumstances of this case by the sale of the whole business concern it could be held that there was taxable profit in the sum of Rs.2,50,000?

4. Whether on the facts and circumstances of this case and in view of the findings of the Tribunal that the entire share capital of the vendee company (excepting seven ordinary shares) was taken over by the vendor firm in lieu of the sale price of the business as a whole, there was any