Law: Income Tax Act, 1961

Section: 256(2)

Income-tax-----Reference---Question of fact---Agreement of assessee-company with Bhumidhars of land for sowing and growing crops---Tribunal holding income as agricultural income---No question of law arises. JUDGMENT R.M. SAHAI, J.--In these two applications under section 256(2) of the Income-tax Act. 1961, for assessment years 1980-1981 and 1981-82, the following question of law has been raised: "Whether, on the facts and in the circumstances of the case, the Tribunal was, in law, justified in holding that the income derived by the assessee company should be considered as agricultural income?" It has been found by the Tribunal that the assessee-company entered into an agreement with Bhumidhars of land for not only filling and cleaning the land but also sowing, growing and protecting the crops. And thereafter…

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