TMI Blog1961 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... ops the area to make it more attractive and sells the land not as a single unit and as he bought it but in parcels, he is dealing with land as his stock-in-trade ; he is carrying on business and making a profit. This is exactly what had happened in the assessee's case. The answer given by the High Court was thus correct. Appeal dismissed. - - - - - Dated:- 7-3-1961 - Judge(s) : J. L. KAPUR., M. HIDAYATULLAH., J. C. SHAH JUDGMENT The judgment of the court was delivered by HIDAYATULLAH, J.--This is an assessee's appeal, with the special leave of this court, against a judgment of the High Court of Andhra Pradesh on a reference under section 82(1) of the Hyderabad Income-tax Act, corresponding to section 66(1) of the Indian Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal could have come to the conclusion that the sum of Rs. 75,820 was the assessee's income from business ? and 3. If the answer to question No. 2 is in the negative, whether the assessee is entitled to claim as a revenue expenditure the money spent by him on the acquisition of the village of Madanapur, on the construction of houses, etc., and on the acquisition of 217 acres of land ? " The High Court held that the first question was one of fact, and there was evidence to support the finding and answered the question in the affirmative. The second question was reframed by the High Court by adding the words " without deducting therefrom the sale proceeds of the plots sold by him amounting to Rs. 75,820 " at the end of the questio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the duty of the jagirdar to provide amenities and to undertake works of public welfare, that this was nothing more than acquiring land to construct a market, and that what was sold was not sold in the way of business but as something which was left over, after effecting public utility. In our opinion, the evidence showed that the matter went beyond the provision of marketing facilities to the inhabitants of Madanapur. The acquisition of the village and vast area of land, which certainly was not all needed for a market, the development of the land, the laying out of plots and their subsequent sale, go beyond what can be described as a work for public welfare. We are not concerned with what is the correct opinion of this undertaking ; w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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