1987 (9) TMI 19 - HC - Income Tax

Summary

Issues:
Interpretation of tax liability for Krishi Upaj Mandi tax collected by the assessee and whether the mercantile system of accounting was followed.

Analysis:
The High Court of Madhya Pradesh was presented with a question regarding the addition of Rs. 27,006 of Krishi Upaj Mandi tax collected by the assessee during the year, which was the liability of the mandi tax payable. The assessee, a dealer in grains and grocery, recouped the tax liability from customers and credited it to the balance sheet. The crucial point of contention was whether the assessee followed the mercantile system of accounting, as per the decision in Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363. The Income-tax Appellate Tribunal determined that the assessee did not follow the mercantile system of accounting, as evidenced by the Income-tax Officer's observation of a mixed system of accounting based on the computation sheet in the return of income.

The Court highlighted that the assessee did not challenge the Income-tax Officer's observation before the Tribunal, leading to the conclusion that the mercantile system was not followed. As a result, the principle of law from the Kedarnath Jute Mfg. Co. case would not be applicable. The Court emphasized that no material on record disputed the finding that the assessee was not following the mercantile system of accounting. Therefore, the Court affirmed the Income-tax Appellate Tribunal's decision to maintain the addition of Rs. 27,006 of Krishi Upaj Mandi tax collected, holding in favor of the Department and against the assessee. The judgment concluded by stating that there would be no order as to costs in the circumstances of the case.