1964 (2) TMI 85

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....r the assessee. JUDGMENT The judgment of the court was delivered by HEGDE J.--This is a reference under section 66(1) of the Indian Income-tax Act, 1922. The question of law referred is:              "Whether, on the facts and circumstances of the case, the sum of Rs. 5,872 is a capital or a revenue receipt?" The Income-tax....

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....;       "The assessee did not either inherit or purchase a forest. He only parted with his capital to acquire a coffee estate; part of that coffee estate consisted of trees. These trees were sold." It is not the finding of the Tribunal that the trees sold had spontaneously grown after the purchase was made; nor is there any finding that the trees sold were immature....