9911796707
TMI Blog1993 (3) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... ise reads thus : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the receipt of Rs. 1,38,577 realised at Re. 1 per bilty per customer through the bills and credited to a separate account called 'Dharmada' was not assessable to tax as revenue receipt " The case of the Revenue, briefly stated, is to the following effect : the assessee is a private limited company engaged in the business of transport. During the accounting period ending January 31, 1970, relevant to the assessment year 1970-71, the respondent collected an amount of Rs. 1,38,577 on account of Dharmada. The Income-tax Officer called upon the respondent-assessee to explain why the said amount should not be treated as its tradi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollection as it has to distribute the same." It is thus evident, says counsel for the Revenue, that the amount, though collected in the name of Dharmada, was neither meant for charity nor was it ever spent on charitable purposes. Distribution of the said money among the " poor relatives of the labourers working in the business premises ( of the assessee ) and also to give at the time of marriages of girls in their families " cannot be called a charitable purpose. Indeed, according to the respondent himself, these amounts were distributed among them with a view "to get full co-operation from them." According to learned counsel, the assessee is really using the money collected in the name of Dharmada for his own business purposes. In the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n pertain to the very same assessee who is the respondent in Civil Appeal No. 2456 (NT) of 1978. For the reasons given hereinabove, leave is granted in S.L.P. (C) No. 8353 of 1985 and all these appeals are allowed in the same terms as the appeal No. 2456 (NT) of 1976. S.L.P. (C) Nos. 3257-3265 of 1979. The facts in these special leave petitions are identical to the facts in Civil Appeal No. 2456 (NT) of 1978, though the assessee is different. This assessee too is engaged in transport business. No separate argument is addressed in these matters. Leave granted in all these special leave petitions. For the reasons stated in the judgment in Civil Appeal No. 2456 (NT of 1978, these appeals too are allowed and the Tribunal is directed to state ..... X X X X Extracts X X X X X X X X Extracts X X X X
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