2016 (10) TMI 1263

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nka, for respondent. JUDGMENT 1. By way of these appeals, the Department has assailed the judgment and order of the Tribunal whereby the Tribunal has allowed the appeals preferred by the assessee and reversed the judgment and order of the CIT and Assessing Officer. 2. While admitting the appeals, this Court framed the following questions: Appeal No.37/2000 (i) Whether th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....account of the assessee and the premises were actually used by the tenant particularly when the assessee maintained account on mercantile basis? Appeal No.35/2000 (i) Whether on the proper appreciation of the provisions of the Customs Act, import procedure, etc. it could be said that the demurrage/wharfage charges had not accrued to the assessee particularly when the assessee fol....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sessee and the facts and circumstances of the case, interest had accrued to the assessee and was includible in its total income. 4. He has also relied upon the decision of the Supreme Court in Income Tax Vs. Woodward Governor India P. Ltd., (2009) 312 ITR 254 (SC) and contended that the system of accounting followed by the assessee is binding to both the sides and the central income which was i....