COMMISSIONER OF WEALTH TAX Vs. N THANU

JUDGEMENT

(1.) The Revenue has filed the appeal against the Order of Income Tax Appellate Tribunal, B Bench dated 29.11.2004 in ITA No.70/(Mds)/96 (Mds)/2003 for the Assessment Year 1992-93. The following substantial questions of law are raised in the Tax Case (Appeal) preferred by the revenue:

(2.) It is seen from the narration of facts that the assessee is running a tutorial institute. As regards the fee received from students, it is stated that the assessee charged the full fee for the entire course of study which ran to different years. Till 1992-93, the assessee was disclosing the entirety in the year of receipt, irrespective of years of study come. However, for the year ending 31.3.92, the assessee showed the prorata income relevant for the period 1.4.91 to 31.3.92 and the balance of the fee was represented as advance. Thus in response to the notice for the Assessment Year 1992-93, the Assessing Authority rejected the contention of the assessee and included it as part of the net wealth of the assessee.

(3.) Aggrieved by the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income Tax (Appeals). Following the earlier order, the Commissioner of Income Tax rejected the appeal. Aggrieved by that, the assessee went on further appeal before the Income Tax Appellate Tribunal and the Revenue had also filed appeal in respect of the portion of the relief granted to the assessee.