1993 (9) TMI 346 - HC - Income Tax

Summary

Issues Involved:
The judgment addresses the following Issues:
1. Assessment of income from contract business on accrual basis or work-in-progress basis.
2. Deduction of provision for gratuity in computing business income.

Assessment of Income from Contract Business:
The Tribunal referred questions regarding the method of accounting for the income from contract business. The assessee, a contractor, maintained accounts for the business, which the ITO initially rejected. However, the Tribunal concluded that the ITO was unjustified in rejecting the assessee's method of accounting and invoking section 145(1) of the Income Tax Act. It was noted that the assessee had consistently followed the same accounting system since 1967-68, which was also accepted by the Revenue and other businesses in the same industry. The High Court upheld the Tribunal's decision, stating that it was a factual finding and declined to interfere, ultimately answering question No. 2 in favor of the assessee.

Deduction of Provision for Gratuity:
Regarding the provision for gratuity, the judgment noted that the issue was similar to a previous decision of the Court. Citing the case of Tata Iron & Steel Co. Ltd. vs. D.V. Bapat, ITO & Anr., the Court answered this question in the affirmative, in favor of the assessee and against the Revenue. No costs were awarded in the matter.