1973 (3) TMI 11

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....e following question has been referred to this court at the instance-of the revenue : "Whether, on the facts and in the circumstances of the case, the cost of the materials supplied by the Government was not liable to be included in the total receipts of the assessee for calculating its profits for the assessment year 1961-62 ? " Having regard to the very frame of the question it appears to ....

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.... if the assessee had purchased the building materials such as cement, steel, etc., in open market, it would have been in a more disadvantageous position, and that, therefore, it had definitely an advantage in getting the required materials from the departments concerned. He, therefore, included the cost of the materials supplied by the departments in the total receipts shown by the assessee and es....

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.... the actual receipts and that the cost of the materials supplied by the Government cannot be included in the assessee's receipts. The question is whether the Tribunal was right in setting aside the addition of the cost of the materials to the actual receipts returned by the assessee. It is not the case of the revenue that the obligation to supply the materials like cement, steel, etc., was not und....