1996 (4) TMI 105 - HC - Income Tax

Summary

Issues:
Whether the High Court erred in law in deleting the addition of Rs. 26,045 made by the Income-tax Officer on account of potato storage charges actually received by the assessee for the assessment year 1976-77.

Analysis:
The case involved a dispute regarding the treatment of an amount of Rs. 26,045 received by the assessee as potato storage charges during the assessment year 1976-77. The assessee, who owned a cold storage, increased the tariff charges for storing potatoes due to a shortage of power in Punjab. The Government fixed the tariff at Rs. 10 per bag of potatoes, but the High Court allowed the cold storage owners to charge Rs. 13 per bag. The difference between the Government rate and the High Court permitted rate was Rs. 1.30 per bag, totaling Rs. 26,045. The assessee deposited this excess amount in a cooperative bank as per the High Court's interim order during the pendency of a writ petition. The Income-tax Officer assessed this amount as a trading receipt of the assessee for the year in question, but the Tribunal held that the amount could not be treated as income until the matter was decided by the High Court.

The primary issue was whether the amount of Rs. 26,045 received by the assessee should be included in the total income for the assessment year. The Department argued that the amount had accrued and been received by the assessee, as evidenced by the High Court's interim order allowing the higher charges. The High Court held that under the mercantile system of accountancy followed by the assessee, the charges had accrued and were liable to be included in the total income. The High Court distinguished the case of Nonsuch Tea Estate Ltd. v. CIT, stating that the circumstances were different, and the principles of that case did not apply. The High Court emphasized that the amount was received by the assessee under the High Court's orders and was pledged for recovery if the writ petition failed.

In conclusion, the High Court answered the question in favor of the Department, holding that the Tribunal erred in law in deleting the addition of Rs. 26,045 from the assessee's income for the assessment year 1976-77. The High Court emphasized that the amount received by the assessee under the High Court's interim orders was deemed to have accrued and should be included in the total income.