ECHKE LTD. Vs. COMMISSIONER OF INCOME-TAX

JUDGEMENT

(1.) BOTH in Tax Appeal and the Reference identical questions of law as follows have been referred at the instance of the assessee and hence the Tax Appeal and the Reference have been taken -up for hearing together: 1. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the change in method of accounting adopted by the assessee ?

(2.) WHETHER on the facts and in the circumstances of the case, the Tribunal was right in holding that the change was such that it disabled the officer to deduce properly the income ?

(3.) FOR both the Assessment Years the matter was carried in Appeal before Commissioner (Appeals) who confirmed the orders made by the Assessing Officer. For Assessment Year 1984 -85 it has been recorded by Commissioner (Appeals) that :(i) commission agency of the assessee company was terminated at the end of the previous year relevant to Assessment Year 1985 -86, and (ii) the outstanding commission was received by the assessee during subsequent Assessment Years. Commissioner (Appeals) thereafter held that: