Judgement

SHAH, J.:- The Income-tax Appellate Tribunal submitted two questions for the opinion of the High Court of Madras :

"1. Whether the sum of Rs. 1,28,716 is assessable as income under any of the provisions of the Act ?

2. If the answer is in the affirmative, the assessment years in which the amount falls to be assessed by suitable apportionment."

The first question was answered by the High Court in the affirmative. The High Court declined to answer the second question because it did not, in their view, arise out of the order of the Tribunal. The assessees have appealed to this Court.

2. By order dated January 30, 1944, the Collector of Madras, exercising power under Rule 75A of the Defence of India Rules, 1939, requisitioned a property known as "Lutterals Gardens" belonging to the assessees. The property continued to remain under requisition till it vested in the Government of Madras absolutely in consequence of an order made on May 24, 1949 by the Collector of Madras under Section 5 of the Requisitioned Land (Continuance of Powers) Act, 1947, declaring the intention of the Government of Madras to acquire that property. The assessees declined the offer made by the Collector to pa