AJIT K. SENGUPTA, J.

( 1 ) IN this reference under Section 256 (1) of the Income-tax Act, 1961, for the assessment year 1081-82, the following question of law has been referred to this court :"whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the hail damage insurance claim receivable by the assessee-company in the amount of Rs. 3,13,410 was a mixed receipt to which Rule 8 of the Income-tax Rules, 1962, is applicable ?"

( 2 ) SHORTLY stated, the facts are that from the director's report dated December 2, 1980, the Income-tax Officer found that, in this year, insurance claim receivable under hail damage insurance policy on account of severe hailstorm amounted to Rs. 3,13,410. There was a severe hailstorm in Darjeeling area on April 17, 1980, as a result of which the tea crop in the assessee's gardens was damaged. The assessee, on April 18, 1980, intimated the damage caused to the crop by the hailstorm to the insurance company, namely, Messrs. National Insurance (P.) Ltd. The insurance company admitted the claim of the assessee to the tune of Rs. 3,13,410. Before the Income-tax Officer, this amount was claimed by the assesse

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