1985 (4) TMI 38

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....to us for the assessment years 1968-69 and 1969-70 is as follows: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the inclusion of the cost of materials supplied by the M.E.S. authorities to the assessee-firm in the assessee's total receipts and applying a net rate of profit at 10% on the total receipts for the purposes of computing the asse....

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....the assessee in the present case that the cost of materials supplied by the M.E.S. authorities for use in the construction should not be utilised for determining the income. Learned counsel for the Department urged that the cases were all distinguishable as in the present case, the materials supplied by the M.E.S. Department had been sold to the assessee. We find that that was the case also in ....

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....he Supreme Court. An attempt was made to point out certain other judgments on the ground that they differed from the Supreme Court's view. Those judgments are N. K. Sengupta v. CIT [1978] 113 ITR 413, decided by the Calcutta High Court, New India Corporation Co. v. CIT [1979] 120 ITR 763, decided by the Calcutta High Court, CIT v. Civil Engineering Co. [1982] 136 ITR 38, decided by the Allahabad H....

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....ce. As noted in these cases, the facts may differ in different cases. In our view, these judgments do not differ from the Supreme Court's view and if they do, they were impliedly overruled by the Supreme Court. In the present case, we are dealing with an M.E.S. contractor, where it appears that the Government had supplied some material for incorporation in the works at a fixed price, which was ....