1998 (4) TMI 132

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..... ons are referred : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that the amount of Rs. 23,385 earned by the assessee constitutes capital receipt in the assessee's hands and cannot be brought to tax under the head 'Other sources' for the assessment year 1980-81? Whether, on the facts and in the circumstances of the case, th .....

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..... cannot be taken as part of the capital structure. In the circumstances, question No. 1 and on this aspect question No. 2 are answered in the negative and against the assessee. In respect of the first part of question No. 2 the two items of Rs. 360 and Rs. 79,100, which represent the realisation by selling the tender forms and empty cement bags, learned counsel for the Revenue submitted that the .....

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