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TMI Blog1965 (12) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the assessment year 1943-44 and the relevant question with which we are concerned is as follows : " Whether the profit on the amounts received by the assessee's bankers in British India as price of goods sold by the assessee on railway receipts in the names of the consignees or as price of goods delivered ex-godown Bhilwara was liable to tax under the Indian Income-tax Act ? " This question was referred at the instance of the appellant and the item in dispute now before us is the item amounting to Rs. 2,73,488, which was held not liable to taxation by the Appellate Tribunal. The question which arises in this appeal is whether the Tribunal was right. The first submission, however, of Mr. A. V. Viswanatha Sastri, the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion which deal with the facts and the proceedings before the income-tax authorities are general and cover the said item of Rs. 2,73,488; also the grounds of appeal, Nos.1and 2, are very general and cover the item in dispute. It is true, as pointed out by Mr. Desai, that the High Court in granting leave to appeal to the Supreme Court did not expressly deal with this item at all, but then the High Court was dealing with the question of law as such and was not adverting to the facts in detail. Be that as it may, the appellant has filed an appeal in respect of the assessment year 1943-44 and the only possible question that can arise in this appeal is regarding the disputed item of Rs. 2,73,488, and we do not feel justified in accepting this tec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e names of the consignees and they were to the tune of Rs. 2,73,488. The amount will, therefore, be excluded from the total receipts of Rs. 12,62,911. " The High Court noticed the exclusion of Rs. 2,73,488 in these words : " The Tribunal also found that it was only in the assessment years 1944-45 and 1945-46 that sales were effected by the assessee on railway' receipts in the names of the consignees and that such sales amounted to Rs. 2,73,488. The Tribunal accordingly deleted from the aggregate amount sales of Rs. 12,72,911 and Rs. 2,73,488 obviously treating the amounts deleted as not liable to tax." Apparently, the mention of 1944-45 and 1945-46 is a clerical mistake and we should read, it as 1943-44. Apart from the above words, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Krishna Somani, Beawar, to M/s. Mewar Textile Mills, Bhilwara, dated March 7, 1942 Annexure Ex. 'U'; (3) Copy of the advice from Umedmal Abheymal, Ajmer, to Mewar Textile Mills, dated March 7, 1942---Annexure Ex. 'V'; (4) Copy of the despatch instructions from Shiv Nath Radha Krishna, Beawar, to M/s. Mewar Textile Mills Ltd., Bhilwara, dated March 11, 1942--- Annexure Ex. 'W'; (5) Copy of letter to M/s. Shiv Nath Radha Krishna, Beawar, dated March 12, 1942---Annexure Ex. 'X'; and (6) Copy of the journal entry in the books of the mills of Rs. 9,000--- Annexure Ex. 'Y'. He invites us to treat these documents as a sample of the manner in which the goods were sent from Bhilwara to the consignee in British India and the amount of R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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