( 1 ) THIS petition arises on a reference made by the Income-tax Appellate Tribunal (Bombay Bench) under Section 66 (1) of the Indian Income-tax Act.

( 2 ) THE assessee is one Rameswar Rao, the Proprietor of the Samasthan of Wanaparti, one of the big Jagirs in the Hyderabad State. This Jagir as other jagirs was abolished after the coming into force of the Hyderabad (Abolition of Jagirs) Regulation, 1358 F. , and the administration of the Jagir was transferred to the Government on and from a particular date fixed by the Military Governor. The Jagir was made over to the Government by the Jagirdar and after the administration came into the hands of the Government, payments were made to the erstwhile Jagirdar in accordance with the provisions mentioned in Sections 10 to 14 of the aforesaid Regulation. In this case the petitioner received the following sums on the particular dates shown as against them :25-1-1950-- Rs. 49,285-12-010-4-1950. . . Es. 49,285-12-03-7-1050. . . Rs. 24. 642-14-03. 8-1950. . . RS. 24,642-14-0. The Income-tax Officer, who made the assessment for the years 1951-52 included in the assessess total income, the aggregate amount of Rs. 1,47,857-4-0. The ass