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TMI Blog2013 (12) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... , passed by the Income Tax Appellate Tribunal, Delhi in I.T.A.No. 7286 & 7544/Del/1992; 3018 & 3628/Del/1993; 2103/Del/97; 5523 & 5146/Del/97; and 2939/Del/97, for the assessment year mentioned above. On 09.08.2000, a Coordinate Bench of this Court has admitted the Appeal No. 173/1999, on the following substantial questions of law:- "1. Whether on facts and in the circumstances of the case the learned ITAT was legally justified in dismissing the Departmental appeal on the issue of relief of Rs.30,35,103/- in assessment year 1989-90 in respect of sales returned as claimed by the assessee, which pertains to accounting year relevant to assessment year 1990-91, in contravention of provisions of Sec.3 of the Income Tax Act ? 2. Whether on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legally justified in further allowing a relief of Rs.5,42,205/- in respect of sales returned besides the relief given by the learned C.I.T.(Appeals) holding that the sales were not complete before the return of books by the publishers even though bills have been issued, goods despatched and delivery completed in respect of sale of books and such sales have been accounted for in the books of account ? 3. Whether on the facts and in the circumstances of the case, the learned ITAT was legally justified in dismissing the Departmental appeal and allowing further relief in repsect of sales returned even though the method of accounting as adopted by the assessee was not bonafide and did not reflect true income of the assessee, which is further pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubstantial question of law:- "Whether on facts and in the circumstances of the case the Ld. ITAT was legally correct in dismissing departmental appeal on the issue of relief of Rs.16,80,068/- allowed by the ld. CIT(A) in A.Y. 1994-95 in respect of sales return as claimed by the assessee, even through during the relevant previous year no goods sold were returned back and the liability claimed by the assessee was only a contingent liability not crystalized during the relevant accounting period ?" On 24.01.2011, a Coordinate Bench of this Court has admitted the Appeal No. 112/2003, on the following substantial question of law:- "Whether on facts and in the circumstances of the case the Ld. ITAT was legally correct in dismissing departmental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss sales, and the net sales was shown in the Profit and Loss account, but the same is not acceptable to the Department. Further, he submits that in the Assessment Year 1989-90 due to amendment of Section 3, whereby Financial year became the previous year, in order to make all the previous year uniform, the assessee has changed the account year. Moreover, the assessee gave reason that it is not compulsory to close accounts by 31st March as it was only a date which required to make up his accounts. The above explanation of the assessee was rejected by the AO on the ground that as a result, the previous year for the period from 01.07.1987 to 31.03.1989 consists for 21 months. The assessee is getting sale return every year and is claiming ded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7) STJ 547 Alld; (ii) CTT vs. Durga Dal Mill, 2006 (3) VLJ 152 Alld.; (iii) Kamla Ganpati vs. Collector of Estate Duty, 253 ITR 692 SC; and (iv) Anjani Coal Agency vs. CTT, 2005 (37) STJ 294 All. In the instant case, the entire tax has been paid along with the interest. There is no escapement of any tax. The issue is merely technical one, just for the maintaining uniformity in the accounting system. In view of above and by considering the totality of the facts and circumstances of the case, we find no reason to interfere with the impugned orders passed by the Tribunal. The same are hereby sustained along with the reasons mentioned therein. The answer to the substantial questions of law is in favour of the assessee and against the reve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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