1987 (2) TMI 37

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....e opinion of this court by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as " the Tribunal"): " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that a sum of Rs. 16,758 received as interest from the Union Bank of India on Rs. 2,31,020, the amount received under the interim award given by the Rajasthan High Court, i....

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....before this court against the said decision of the civil court. During the pendency of that appeal, this court passed an interim order dated August 17, 1971, whereby it was directed as under: " Mr. C. K. Garg, after instructions from his clients, stated that the Government should pay half of the amount due under the award of the Civil judge, Ajmer, together with interest that has accrued so far....

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....cceeds. " In accordance with the said order, a sum of Rs. 2,31,020 was received by the assessee and that amount was deposited by the assessee in fixed deposit with the Union Bank. The assessee received a sum of Rs. 16,758 as interest on the said deposit for each of the assessment years in question. The Income-tax Officer treated the said amount of Rs. 16,758 as part of the income of the assesse....

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....ceived by the assessee in pursuance of the order of this court dated August 17, 1971, and, therefore, the question which has been referred for the opinion of this court is purely academic in nature. Shri Singhal, learned counsel for the assessee, does not dispute the fact that the appeal filed by the State Government has been dismissed by this court and the assessee could not be required to refund....