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Nauharchand Chananram vs Commissioner Of Income-Tax on 6 October, 1970

4. I have quoted earlier the reasons for which it was held that the asses-see's income had to be treated as income from business. Paragraph 6 itself of the order of the Tribunal quoted above shows that it was so held for two reasons. Firstly, that in the assessment years 1964-65 and 1965-66, the Tribunal had held that the income of the assessee received from managing contractors was assessable as " Business " and not from " Other sources ". The second ground was that the Punjab High Court in Nauhar chand Chananram v. CIT[1971] 82 ITR 189, had expressed the view that income from the lease of the kind with which we are concerned must be treated as income from " Business ". The Tribunal thus gave its judgment following the decision of the Punjab and Haryana High Court.
Punjab-Haryana High Court Cites 12 - Cited by 11 - Full Document

New Savan Sugar & Gur Refining Co. Ltd vs Commissioner Of Income-Tax, Calcutta on 19 February, 1969

1. The assessee in these two references under Section 256(1) of the I.T, Act, 1961, had been assessed in the status of an individual. The assessment years are 1968-69 and 1969-70. The assessee was the owner of Ganeshdih Colliery. It was leased out to Prabhulal Agrawal and Magilal Sharma. The assessee returned an income of Rs. 34,533 as income from business. In view of the lease in favour of the managing contractor, the claim of income from business was rejected by the ITO and it was held to be income from "Other sources". His view was affirmed by the AAC as well both the authorities relying upon New Savan Sugar and Gur Refining Co. Ltd. v. CIT [1969] 74 ITR 7 (SC). The Appellate Tribunal, however, took a different view of the matter and accepted the claim of the assessee. The Tribunal recorded its conclusions in one short paragraph which may be reproduced here ;
Supreme Court of India Cites 14 - Cited by 89 - V Ramaswami - Full Document
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