1969 (2) TMI 17

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..... ction and not the substance of the transaction - Assessee's appeal dismissed - - - - - Dated:- 19-2-1969 - Judge(s) : A. N. GROVER. and J. C. SHAH. JUDGMENT The judgment of the court was delivered by SHAH J.-- The income-tax Appellate Tribunal referred the following question (as directed by this court to the High Court of Patna under section 66(2) of the Indian Income-tax Act, for o .....

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..... ce of the transaction. See the judgment of this court in Commissioner of Income-tax v. B. M. Kharwar (C.A. No. 1678 of 1966, decided on August 13, 1968). In the present case the transaction which gave rise to the receipt sought to be brought to tax was of the nature of sale ; and it was not even contended that it was not intended to be a sale. It was argued, however, that the vendor and the .....

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