COMMISSIONER OF INCOME-TAX vs RASSI CEMENT LTD.

1. T.N.C. RANGARAJAN, J.---At the instance of the Revenue, the following two questions are referred: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that the amount of Rs.23,385 earned by he assessee constitutes capital receipt in the assessee's hands and cannot be brought to tax under the head 'other, sources for the assessm ent year 1980-81?

2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in law in holding that the amounts of Rs.360, Rs.79,100, Rs.18,909, Rs.1,506 and Rs.17,301 earned by the assessee constitute capital receipts in the assessee's hands and cannot be brought to tax under the head 'other sources' for the assessment year 1981-82?" <p.m> <p.m></p.m></p.m>