Citation : 1999 Latest Caselaw 108 Del
Judgement Date : 8 February, 1999
ORDER
BY THE COURT:
This is a reference at the instance of Revenue with respect to asst. yr. 1972-73. Opinion of this Court is sought on the following question :
"Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that licence income enjoyed by the assessee-company from letting out of the 'Palace Cinema' was assessable under the head 'Profits and gains of the business'?"
2. A similar question of law with respect to asst. yrs. 1963-64 to 1969-70 was referred to this Court and by judgments dt. 5th May, 1981, and 17th Feb., 1994, in IT Ref. No. 7/71 and 179/74, respectively, this Court answered the question in favour of the assessee, holding that the licence income enjoyed by the assessee-company from letting out the cinema was assessable under the head "profits and gains of business".
Following the said decisions, we answer the question referred in the affirmative.
OPEN
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