1989 (3) TMI 162

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.... 2. The assessee M/s Chandigarh Bottling Co. is a registered firm. The first ground relates to the allowance of 100 per cent depreciation on new empty bottles. The second ground relates to the allowance of 15 per cent depreciation on old bottles. The ITO had held that the empty bottles and shells constituted packaging and that they did not constitute a 'plant'. 3. On the other hand, the learned....

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....f the CIT(A). Ludhiana held that the security deposits could not be brought under charge as income of the assessee. 7. Before us, the learned Departmental Representative Mr. B.S. Sandhu relied upon the order of the ITO as also on the decision of the Supreme Court in the case of Punjab Distilling Industries Ltd. vs. CIT (1959) 35 ITR 519 (SC). He submitted that the learned CIT(A) has not conside....

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....y when the bottles were returned. In addition to the price fixed, the assessee took from the wholesalers certain further amounts, described as security deposits, which were returned as and when the bottles were returned. The Hon'ble Supreme Court held on those facts that the security deposits amounted to trading receipts. In the present case, the bottles were not sold. In fact, the terms and condi....