Law:

Section:

Section 45, read with section 256 of the Income-tax Act 1961 - Capital gains - Charitable as - Whether question as to whether finding of Tribunal that date of transfer should be taken as 26-6-1977 and not 6-6-1977, was vitiated in law inasmuch as Tribunal had ignored evidence which was relied on by Commissioner, was question of law to be referred - Held, yes - Whether question as to whether Tribunal was correct in holding that capital gain did not arise unless compensation was received and on that basis in computing period of two years for purposes of exemption under section 54B from date of receipt of compensation, was question of law to be referred - Held, yes - Whether question as to whether Tribunal was correct in holding that amount paid on account of tube well and standing trees should be taken to have been paid for purchase of agricultural land, was question of law to be referred - Held, yes Bharatji Agarwal for the Applicant. JUDGMENT Having heard counsel for the parties, we are of the opinion that the following three questions of law arise out of the order of Tribunal: "(1)Whether the…

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