( 1 ) THIS reference under Section 66 (2) of the Indian I. T. Act, 1922, relates to the assessment year 1960-61, the relevant previous year ending on 31st December, 1959.

( 2 ) WE will briefly state the relevant facts stated and/or found by the Tribunal. The assessee was the owner of about 5,374 bighas of land in Assam and used them for agricultural purposes and derived agricultural income therefrom. In 1949, 'those lands were requisitioned by the Assam Government under the Assam Land (Requisition and Acquisition) Act, 1948, and the assessee was paid compensation for such requisition. Those lands were allotted to the landless people in 1949 and since then those people used those lands for agricultural purposes and derived agricultural income from those lands. In 1959, the assessee was paid compensation for the acquisition of those lands by the Assam Government under the aforesaid Act.

( 3 ) IN Income-tax Reference No. 109 of 1969 [cit v. All India Tea and Trading Co. Ltd. it has been held by this court that the compensation for the aforesaid requisition received by the assessee was agricultural income and was not includible in the computation of its total income.

( 4 )