1964 (6) TMI 2

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..... NT MADHAVAN NAIR J.- The question referred is: " Whether the amount of Rs. 68,000 was correctly brought to tax ? " The statement of the case in its paragraph 2 reads: " The assessee purchased a coffee estate known as 'Greenfield' Estate in Coorg in 1958. During the accounting year 1959-60, relevant to the assessment year, 1960-61, the assessee sold certain dead and wind fallen avenue trees for .....

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..... ot capital. When the sale is of "dead and windfallen" trees, the cutting and removal would exhaust the trees, leaving no chance of further income therefrom. The receipts must then be of a capital nature. The question referred, therefore, has to be answered in the negative and in favour of the assessee. We do so. No order as to costs here. Registrar will send a copy of this judgment under his sign .....

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