Supreme Court · 1979 INSC 173 · Decided 6 September 1979
Commissioner of Income Tax, Kerala v. Ambat Echukutty Menon
- Court
- Supreme Court of India
- Citation
- 1979 INSC 173 · [1980] 1 S.C.R. 539
- Case number
- CIVIL APPEAL No. 2242/1972
- Decided
- 6 September 1979
- Bench
- N.L. UNTWALIA, R.S. PATHAK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act
Headnote
Income Tax Act 1961--Capital Receipt & Revenue Receipt-Sale of trees of spontaneous growth-Purchaser to cut and remove' trunks of trees only-Stumps and roots embedded in soi~ 'not to be disturbed-Proceeds of sale whether liable to be taxed as 'income'. On a vast area of agricultural land owned of which were of spontaneous growth. Clauses 12 and 13 of the agreement by which the assessee sold some trees provided that the trees should be cut without pulling the stumps. A B c The Income Tax Officer, held that the trees were of spontaneous growth and D assessed the whole of the income
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