1944 (9) TMI 24

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..... come-tax Act. One question referred is common to all the three references, namely:- Whether income from the sale of forest trees growing on land naturally and without the intervention of human agency, even if the land is assessed to land revenue, is agricultural income within the meaning of Section 2(1)(a) of the Income-tax Act and as such exempt from income-tax under Section 4(3)(viii) of the .....

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..... nstitute income and not capital. The reference order in each case shows that this question was raised in the appeal before the Tribunal (though not before), but it was not propounded in the reference application, nor was it urged by the assessee's counsel at the hearing of the application by the Tribunal. 4. We have considered in other cases (Civil References Nos. 9 of 1942 and 2 of 1944) S .....

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..... ese cases. The other question referred in Reference No. 7 of 1942 was not argued before us and we assume that the learned counsel for the assessee felt that he could not contest the decision of the Tribunal that the assessee was not entitled to the benefit referred to. The Tribunal pointed out in its appellate order that objection to the inclusion of the annual value of the appellant's reside .....

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