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1970 Supreme(Cal) 177

T.K.BASU, P.B.MUKHARJI
COMMISSIONER OF INCOME-TAX, WEST BENGAL II – Appellant
Versus
UKHARA ESTATE ZAMINDARIES (PVT. ) LTD. – Respondent


Advocates Appeared:
B.BURMAN, B.L.PAL, M.K.GHOSH, N.L.PAL, R.Ghosh

P. B. MUKHARJI, C. J.

( 1 ) THIS is an income-tax reference under Section 66 (1) of the Indian Income-tax Act, 1922. The question on which the answer of the Court is sought is as follows:"1. Whether on the facts and in the circumstances of the case the Tribunal was justified in excluding the sums of Rs. 22,197, Rs. 1,88,417 and Rs. 73,327 from the total income of the assessee for the years 1953-54, 1954-55 and 1955-56. "

( 2 ) THE facts giving rise to this question may now be briefly stated. The assessee Company was incorporated on July 3, 1920. The Company took over the Zamindari properties pertaining to the Ukhara estate which belonged to Rai Pulin Behari Lal Singha Bahadur and the late Gostabehari Lal Singha. The Company took lease of the extensive zamindari pertaining to the Ukhara estate and it also took assignment of the movables, including G. P. Notes and jewellery belonging to the members of lessors' family and the arrears of rents and cesses, debts, decrees etc. , due by the tenants of the said estate. The said lease and assignments were taken by the Company by the indenture dated July 5, 1920. The properties passing to the Company were fully specified in the schedules ap







































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