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Issues Involved:
1. Whether the amounts received by the assessee-society in terms of clause 6A of the regulation relating to lease were capital receipts not assessable to tax under either of the heads 'Income from business' or 'Income from other sources'. Summary: Issue 1: Nature of Amount Received by the Society The assessee, a co-operative society, received amounts from its members whenever they transferred their leasehold rights. The Tribunal held these amounts as capital receipts, not taxable as income. The court examined whether these receipts were capital or income. Examination of Receipts: The court noted that the amounts were received under a lease term, not as windfalls or voluntary payments. The society's rights as lessor remained unaffected by the transfers. The receipts were not for parting with any rights in the land or building but were due to the exploitation of its capital. Legal Precedents: The court referred to various cases, including Durga Das Khanna v. CIT [1969] 72 ITR 796 (SC), where premiums for creating leases were considered capital receipts. However, these precedents were distinguished as the society did not receive premiums for parting with capital assets. Commercial Perspective: From a commercial viewpoint, the society received payments whenever leases changed hands, making it a source of income. The court emphasized that the nature of the receipt in the hands of the receiver is crucial. The society received these amounts due to a contractual term, not for transferring any capital assets. Argument on Capital Gains: The assessee argued that the excess amount received by members was capital gains and should retain this character when transferred to the society. The court rejected this, stating that the society received the amount due to the lease contract, not for transferring capital assets. Regularity and Certainty: The court dismissed the argument that irregular and uncertain receipts could not be considered income. It stated that even occasional payments under a contractual obligation could be income. Conclusion: The court concluded that the amounts received by the assessee-society were not capital receipts but assessable as income. The question of whether this income was from business or other sources was left for the Tribunal to decide. Final Judgment: The amounts received by the assessee-society were assessable to tax as income, not as capital receipts. The questions in all references were answered accordingly, with no order as to costs.
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