9911796707
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Issues:
1. Taxability of charity collection as part of sale price 2. Justification for addition of certain amount as taxable income due to absence of trust creation Analysis: The case involved the taxation treatment of charity collections made by the assessee on sales bills. The Income-tax Appellate Tribunal upheld that the charity collections formed part of the trading receipts of the assessee and were not voluntary payments by customers. The assessee had paid a portion of the collections to a charitable trust and used the rest for various purposes. The Income Tax Officer allowed a rebate under section 80G for the amount paid to the trust but treated the balance as part of the assessee's income. The Appellate Authority upheld this treatment. Upon appeal to the High Court, it was contended that the Supreme Court precedent in CIT v. Bijli Cotton Mills (P.) Ltd. clarified that charity collections earmarked for specific purposes should not be considered as part of the sale price. The Supreme Court held that such amounts were not trading receipts and should be spent only for charitable purposes. The court further emphasized that even if the collections were compulsory and not kept in a separate account, they should not be considered part of the price. The court referred to various High Court decisions supporting this interpretation of charity collections. Consequently, the High Court held that the charity collections of Rs. 7,984 did not constitute part of the sale price and were not taxable income for the assessee. Therefore, the first issue was answered in the negative, rendering the second issue irrelevant for consideration.
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