1978 (7) TMI 53

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..... ibunal, Bangalore Bench, under s. 256(1) of the I.T. Act, 1961, reads : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 2 lakhs could not be assessed as the income of the assessee for the previous year ending March 31, 1966 ? " The assessee is M/s. Mysore Tobacco Co. Ltd. It had certain dealings with I.T.C. Ltd. The assessee u .....

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..... as taxable, in which year it had to be taxed. The first question, namely, the taxability of the amount, is not before us. The Tribunal has held that the amount is taxable. So far as the second question was concerned it was contended by the department before the Tribunal that the sum of Rs. 2 lakhs must be treated as income in the assessment year 1966-67, the relative accounting year being 1965-66 .....

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..... e dealt with by the Tribunal do not show that there was any firm commitment on the part of the I.T.C. Ltd. to waive any amount till 16th April, 1966. The income must, therefore, be treated as having accrued subsequent to the end of the accounting year 1965-66. It could not therefore be taxed as the income of the assessee for the previous year ending March 31, 1966. The view taken by the Tribunal h .....

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