Commissioner of Income Tax, Vidarbha, Nagpur Vs. Kalawati
EmailAppeal: Civil Appeal No. 3430 of 2000
(Arising out of S.L.P. (C) No. 69 of 2000)
(Arising out of S.L.P. (C) No. 69 of 2000)
Petitioner: Commissioner of Income Tax, Vidarbha, Nagpur
Respondent: Kalawati
Apeal: Civil Appeal No. 3430 of 2000
(Arising out of S.L.P. (C) No. 69 of 2000)
(Arising out of S.L.P. (C) No. 69 of 2000)
Judges: S.P. BHARUCHA, M.B. SHAH & SHIVARAJ V. PATIL, JJ.
Date of Judgment: Dec 05, 2000
Head Note:
INCOME TAX
Income Tax Act, 1961
Section 256(2) – Reference – Question whether profits of sale of agricultural land are liable to tax – Question already answered in S. Muthyam Reddy’s case (JT 1999 (7) SC 596). Held that order of High Court set aside and the question shall be referred by Tribunal to High Court for decision in the light of the above referred decision.
(Para 5)
Cases Reffered:
1. Union of India v. S. Muthyam Reddy (Civil Appeal No. 762 of 1997) ((1999) 240 ITR 341).
JUDGEMENT:
ORDER
1. Leave granted.
2. The notice on the Special Leave Petition stated that the matter might be disposed of at this stage in the light of the judgment of this Court delivered on 1st October, 1999 in Union of India v. S. Muthyam Reddy (Civil Appeal No. 762 of 1997) (JT 1999 (7) SC 596).
3. The respondent has been served but has not put in an ap-pearance.
4. The judgment aforesaid being applicable and in favour of the appellant, the civil appeal is allowed and the judgment and order under appeal is set aside.
5. The question that the appellant sought reference of, namely, “whether in the facts and in the circumstances of the case, the learned ITAT was correct in holding that the profits arising out of sale of agricultural land could not be subjected to income tax”, shall now be referred by the Tribunal to the High Court to be decided in the light of the judgment in
S. Muthyam Reddy’s case.
6. No order as to costs.
1. Leave granted.
2. The notice on the Special Leave Petition stated that the matter might be disposed of at this stage in the light of the judgment of this Court delivered on 1st October, 1999 in Union of India v. S. Muthyam Reddy (Civil Appeal No. 762 of 1997) (JT 1999 (7) SC 596).
3. The respondent has been served but has not put in an ap-pearance.
4. The judgment aforesaid being applicable and in favour of the appellant, the civil appeal is allowed and the judgment and order under appeal is set aside.
5. The question that the appellant sought reference of, namely, “whether in the facts and in the circumstances of the case, the learned ITAT was correct in holding that the profits arising out of sale of agricultural land could not be subjected to income tax”, shall now be referred by the Tribunal to the High Court to be decided in the light of the judgment in
S. Muthyam Reddy’s case.
6. No order as to costs.
