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Issues involved:
Interpretation of contract terms regarding withheld amounts as income for assessment u/s 260(1) of the Income-tax Act, 1961. Summary: The High Court of Kerala was presented with a case by the Income-tax Appellate Tribunal, Cochin Bench, regarding the treatment of withheld amounts by the engineering department as income accrued to the assessee for the assessment year 1964-65. The dispute centered around Rs. 1,14,071 withheld by the department, with the assessee arguing that the amount had not yet accrued to them as per the contract terms. The Tribunal held that the withheld moneys were appropriated from the bill amount due to the assessee, constituting income accrued on completion of work. However, the Court noted that the terms of the contract, specifically clause 9, indicated that the money retained had not yet become due. The Court emphasized the need to interpret all relevant terms of the contract to determine if the money had become due. The Court highlighted the importance of certificates in determining final payments in contracts, referencing building contracts' interim or progress certificates. It was noted that final payment may be postponed based on contract stipulations, such as retention money for security or defect liabilities. The Court suggested a comprehensive review of the contract terms and departmental practices to ascertain if the withheld amount had become due. Ultimately, the Court declined to answer the question raised by the Tribunal due to insufficient consideration of relevant factors. The Tribunal was advised to rehear the appeal, consider additional evidence if necessary, and adjust its decision in accordance with the observations made in the judgment. In conclusion, the High Court of Kerala directed the Tribunal to review the case comprehensively, considering all contract terms and practices, to determine if the withheld amount should be treated as income for assessment purposes u/s 260(1) of the Income-tax Act, 1961.
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