1978 (6) TMI 1

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..... liable to be included in the assessee's total income for the assessment year 1955-56 ? " The facts found and/or admitted are shortly as follows. In the assessment year in question, the assessee claimed that a sum of Rs. 49,217 representing unclaimed credit balance written off during the year should not be treated as revenue receipt. Rs. 43,288 out of the said unclaimed credit balance represented under-charges in respect of the freight for the under-loaded wagons, which the customers of the assessee had to pay under the Railway Rules, in spite of the fact that the wagons in question were not loaded to their full capacity by the collieries. The assessee claimed these under-charges from the collieries. The same was passed on by the assess .....

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..... ieries concerned for the excess freight paid in respect of the coal not supplied and realised the same. The amounts so realised were kept in a credit balance and the payments were made to the permit holders/customers from these receipts as and when claims were preferred by them. After meeting such claim there was a sizeable balance left, which the assessee transferred to the profit and loss account under the head " Miscellaneous receipts ". In the relevant year, such unclaimed credit balance amounted to Rs. 49,217. The Tribunal came to the conclusion that there was no reason to differ from the decision of the Tribunal for the previous year and accordingly held that the authorities below were right in treating this amount as the assessee's r .....

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..... ssessment year which were not challenged. In the assessment year 1954-55 and the assessment year 1955-56, relevant to the present reference, the Tribunal has similarly found facts and drawn factual inferences therefrom which have not been challenged. Such findings have become final. The present reference has to be decided on the facts as found by the Tribunal in this year, and different facts found in another assessment year was no ground for a remand in this case. The, contentions of Mr. Sengupta are not without substance. It does not appear to us that any grounds have been made out for a fresh hearing or for taking fresh evidence by the Tribunal. There is no question of res judicata in the assessment proceedings and the facts found in a .....

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