1990 (2) TMI 81

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t: . . Rs. 1 Sales-tax 7,231 2 Sales-tax set off 1983-84 994 3. Sales-tax surcharge set off 1983 5,569 4 Sales-tax set off 1982 29,113 5 Sales-tax surcharge set off 1982 8,621 . . 58,548 The aforesaid addition was made by the ITO in view of s. 43B and in view of the Supreme Court judgment in the case of Chowringhee Sales Bureau Pvt. Ltd. vs. CIT 1973 CTR (SC) 44 : (1973) 87 ITR 542 (SC). On further appeal, the CIT(A) deleted the entire addition of Rs. 58,548 on the ground that such amount of sales-tax was never debited to the P & L A/c. He further observed that in view of the latest decision of Tribunal, Ahmedabad, the addition deserves to be deleted. The Revenue has preferre....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arrying forward the claims of set off of sales-tax until the finalisation of sales-tax assessments and showing the amount of set off finalised in the sales-tax assessments as income in the year in which sales-tax assessment order is received by the assessee firm. It was further contended that such consistent method of accounting followed by the assessee with regard to sales-tax set off amounts has been accepted by the Department in all the preceding as well as subsequent years. He, therefore, submitted that the addition deleted by the CIT(A) is fully justified and deserves to be confirmed. 5. We have considered the rival submissions made by the learned representatives and have also gone through the orders passed by the learned department....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....were shown as income by the assessee in asst. yr. 1987-88 and have been taxed by the Department in asst. yr. 1987-88. The levy of tax on the same amount in asst. yr. 1984-85 and again in asst. yr. 1987-88, the year in which the sales-tax assessments pertaining to the year under consideration were received by the assessee. This has also resulted in departure in the computation of taxable income against the method of accounting consistently followed by the assessee in respect of such amount of sales-tax set off. The item appearing at Srl. Nos. 4 & 5 representing sales-tax set off pertaining to asst. yr. 1983-84 amounting to Rs. 29,133 and Rs. 8,621 have been offered for tax in asst. yr. 1986-87 when sales-tax assessments for the accounting ye....