1997 (7) TMI 98

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.... by the Income-tax Appellate Tribunal for the assessment year 1976-77 for which the accounting year ended on January 31, 1976 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the deletion of Rs. 52,632 from the total income of the assessee ?" The facts as gleaned from the statement of the case are that in Part III of its return, the asses....

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..... The validity of the said notification was challenged by the owners of some of the cold storages before this court and then this court passed interim orders allowing the petitioners to charge the contractual rate at Rs. 15 per quintal, but directed them to keep the difference of Rs. 12.50 per quintal and Rs. 15 per quintal in a separate account within three days of the realisation, which was to b....

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....e, deleted the addition of Rs. 52,632. On further appeal, the Appellate Tribunal upheld the order of the Appellate Assistant Commissioner. In CIT v. Jahanganj Cold Storage [1989] 178 ITR 490 (All) also the facts were almost the same. In that case the amount collected was handed over to the District Magistrate and the assessee had no access to it nor any control or jurisdiction over that amou....