1965 PLP 162 (PTD)
COMMISSIONER OF INCOME-TAX, MYSORE Versus H. B. VAN INGEN
| Citation | 1965 PLP 162 (PTD) |
| Forum / Court | High Court |
| Bench Members | K. S. Hegde and G. K. Govinda Bhat, JJ |
| Parties | COMMISSIONER OF INCOME-TAX, MYSORE Versus H. B. VAN INGEN |
Q1: What are the key laws and sections cited in 1965 PLP 162 (PTD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1965 PLP 162 (PTD)?
The case was heard and decided by the High Court bench comprising: K. S. Hegde and G. K. Govinda Bhat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1965 PLP 162 (PTD) (COMMISSIONER OF INCOME-TAX, MYSORE Versus H. B. VAN INGEN). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Coffee estate-Portions of jungle cleared and trees sold-Sale proceeds whether income. The assessee had purchased a coffee estate of which a part had been planted with coffee plants and that the rest was jungle. Year after year the jungle was cleared for the purpose of planting coffee and the trees felled were sold by the assessee: Held, that in the absence of a finding that the trees had grown spontaneously after the assessee had purchased the estate or that the trees sold were immature when he purchased the estate and became mature when he sold them, the price realised by the sale of the trees was a capital and not a revenue receipt. S. R. Rajasekharamurthy for G. R. Ethirajulu Naidu for the Commissioner. M. K. Yiswanath for the Assessee. JUDGMENT HEGDE, J.-This is a reference under section 66 (1) of the Indian Income-tax Act, 1922. The question of law referred is: "Whether, on the facts and circumstances of the case, the sum of Rs. 5,872 is a capital or a revenue receipt?" The Income-tax Officer and the Appellate Commissioner came to the conclusion that the same is "income", whereas the income-tax Appellate Tribunal came to the conclusion that it is "capital". The material facts of the case are as follows: The assessee purchased a coffee estate on October 9, 1934, for a sum of Rs.22,
000. Even on the date of the purchase, coffee plants had been planted in a portion of that estate and the rest was jungle. Year after year, he cleared portions of the jungle for the purpose of planting coffee. The cleared jungle was sold by him. The question for decision is whether the price realised by him by the sale of the trees is "income". The facts found by the Tribunal which finding is binding on us are as follows: "The assessee did not either inherit or purchase a forest. He only parted with his capital to acquire a coffee estate; part of that coffee estate consisted of trees. These trees were sold." It is not the finding of the Tribunal that the trees sold had spontaneously grown after the purchase was made; nor is there any finding that the trees sold were immature on the date of the purchase and that they became mature on the date of sale. From the finding of the Tribunal it is seen that the very trees purchased as part of the purchase transaction were sold. On the basis of this finding, the only conclusion possible is that the price realised by the sale of those trees is a capital and not a revenue receipt. Our answer to the question of law referred is that on the facts and circumstances of the case, the sum of Rs. 5,782 is a capital receipt and not a revenue receipt. No costs. Reference answered accordingly.
Judgment & Decree
HEGDE, J.-This is a reference under section 66 (1) of the Indian Income-tax Act, 1922. The question of law referred is: "Whether, on the facts and circumstances of the case, the sum of Rs. 5,872 is a capital or a revenue receipt?" The Income-tax Officer and the Appellate Commissioner came to the conclusion that the same is "income", whereas the income-tax Appellate Tribunal came to the conclusion that it is "capital". The material facts of the case are as follows: The assessee purchased a coffee estate on October 9, 1934, for a sum of Rs.22,
000. Even on the date of the purchase, coffee plants had been planted in a portion of that estate and the rest was jungle. Year after year, he cleared portions of the jungle for the purpose of planting coffee. The cleared jungle was sold by him. The question for decision is whether the price realised by him by the sale of the trees is "income". The facts found by the Tribunal which finding is binding on us are as follows: "The assessee did not either inherit or purchase a forest. He only parted with his capital to acquire a coffee estate; part of that coffee estate consisted of trees. These trees were sold." It is not the finding of the Tribunal that the trees sold had spontaneously grown after the purchase was made; nor is there any finding that the trees sold were immature on the date of the purchase and that they became mature on the date of sale. From the finding of the Tribunal it is seen that the very trees purchased as part of the purchase transaction were sold. On the basis of this finding, the only conclusion possible is that the price realised by the sale of those trees is a capital and not a revenue receipt. Our answer to the question of law referred is that on the facts and circumstances of the case, the sum of Rs. 5,782 is a capital receipt and not a revenue receipt. No costs. Reference answered accordingly.