Manubhai A. Sheth And Others vs N.D. Nirgudkar, 2Nd Income-Tax ... on 18 June, 1980
1. The petitioner states that he is the "karta" of an undivided family of five members. In this case, we are concerned with certain aspects with regard to the income-tax assessment on the petitioner for the assessment year 1972-73. During the previous year, about 2 acres and 3 1/5 cents of land belonging to the Hindu undivided family was acquired by the Government under the Land Acquisition Act for the purpose of the Cochin Shipyard. The short question that was mooted by the petitioner before the authorities below was that the lands acquired are agricultural lands and any capital gains arising therefrom could not be brought to tax. The petitioner largely relied upon the decision of the Bombay High Court, reported in Manubhai A. Sheth v. N. D. Nirgudkar [1981] 128 ITR 87 in support of his plea.