1985 (8) TMI 26

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ajasthan, Jaipur, praying that the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, be directed to refer the following question of law arising out of its order dated August 31, 1978, to this court for its opinion : "Whether, in the facts and circumstances of the case, the Tribunal was right in holding that double relief in respect of the amount collected by way of sales tax was not granted to the assessee and the Revenue has not been able to satisfy that any direction has been given involving excessive relief to the assessee ?" The facts which have given rise to these applications may be briefly stated. M/s. Assam Roller Flour Mills, Jaipur (hereinafter referred to as "the assessee"), is a registered firm dealing in wheat flour, s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y was deductible in the computation of the assessee's income from business and the amounts collected by the assessee were merely in the nature of security deposits. The Department filed an application for rectification before the Appellate Tribunal and urged that as credit on account of sales tax deposits was accepted by the Tribunal and no addition could be made on account of such credits in the tax liability of the assessee for the assessment years 1973-74 and 1974-75, the assessee should not have been made further entitled to deductions on account of sales tax liability for both the assessment years. The application for rectification was dismissed by the Appellate Tribunal by its order dated August 31, 1978. It was observed that the T....