(1.) THE Tribunal has excluded the amount of deposits received by the assessee during the asst. yr. 1987-88 as deposits towards sales-tax even when there was a liability for payment of such tax under the law, and all that the assessee had done was to merely challenge the statutory provision and there was no order of the Court which enabled the assessee to refrain from paying the tax. THE deposits so collected was clearly part of trading receipts of the assessee and could not have been excluded from the computation of his income.