Judgment

HEGDE, J.: Two questions of law which arise for decision in these appeals are:

"(1) Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the distribution to the assessee of the amount attributable to land acquisition compensation received by the Ukhara Estate Zamindaries Ltd, after 31st March 1948 was in the hands of the assessee, receipt of dividend within the meaning of Section 2 (6A) of the Indian Income-tax Act, 1922?

2. Whether on the facts and in the circumstances of the case the Tribunal wag right in holding that the receipt by the assessee of the amount attributable to selamis realised by the Ukhara Estate Zamindaries Ltd, for grant of long term leases after 31st March, 1948 was a receipt of income of the assessee and taxable as the income of the assessee from other sources?"

2. On both these questions the decision of the authorities under the Indian Income-tax Act, 1922 (in brief the Act) as well as that of the Tribunal was against the assessees. But disagreeing with the view taken by these authorities the High Court answered both these questions in favour of the assessees. The Commissioner of Income-tax, West Bengal aggriev