1966 (7) TMI 17

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....ndian Income-tax Act, 1922, has referred the following question : "Whether, on the facts and in the circumstances of the case, the inclusion of any sum as profits on materials supplied by the Government under its agreement with the assessee is right in law ? " The assessee entered into two contracts for the execution of certain works for the State Government. The total amount of the first of....

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....taken into account. The assessee had also contended before all the authorities that the amount of Rs. 2,56,689 and Rs. 87,482 should also be left out of account, because they represent the cost of the materials supplied by the Government. This contention of the assessee has been rejected and the question is whether on the facts and in the circumstances the computation of profits on the above amoun....

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.... " The position in the assessee's case is almost the same. We do not see any justification for the bifurcation of the receipts. The contract is one whole and the estimate is to be made on that basis. If the assessee purchased materials for fulfilling its contract with the P.W.D. it might have made an additional profit on the purchases and transfer of such materials to the contract. It may be th....

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....ct the officer to work out the profit on the gross receipts after excluding the hire charges amounting to Rs. 54,575. The rates adopted are reasonable and no interference is called for. " It is clear that the Tribunal has proceeded on the basis that there is an element of profit involved even in the supply of materials by the State Government. Even so they were prepared to say that there was no....