COMMISSIONER OF INCOME TAX Vs. SHIVA TEXYARN LIMITED

JUDGEMENT

(1.) THIS appeal is at the instance of the revenue against the order of the Income Tax Appellate Tribunal dated 09.06.2003 made in ITA No.1651 (Mds)/95. The assessment year is 1992-93.

(2.) THE facts are : THE assessment of the assessee company for the assessment year 1992-93 was completed under section 143(3) on 28.03.1995 on a total income of Rs.1,26,15,810/-. While completing the assessment, the assessing officer found that the assessee had collected a sum of Rs.8,66,386/- towards contingent sales tax liability. Though this amount has been collected, it has not been paid either before 31.03.1992 or before 31.12.1992 being the last day for filing the return of income. THE assessing officer, therefore, disallowed the liability under section 43B of the Income Tax Act, while assessing the sum of Rs.8,66,386/- as trading receipts. Aggrieved by that order of the assessing officer, the assessee filed an appeal before theCommissioner of Income Tax (Appeals) contesting the addition made regarding sales tax collected and not paid. THECommissioner of Income Tax (Appeals) upheld the addition made by the assessing officer on this account. THE assessee took the matter on further appeal before the Tribunal. THE Tribunal relied on the judgment of this Court in the case of CIT v. South India Sugars Ltd., (2001) 248 ITR 92, accepted the contention of the assessee that the amount collected by the assessee was kept as contingent deposit till such time the refund was made and thus allowed the appeal of the assessee. Aggrieved by that order of the Tribunal, the revenue is before us in this appeal.

(3.) LEARNED counsel for the revenue submits that the issue involved in this case is squarely covered by a judgment of the Division Bench of this Court, in favour of the revenue in the case of CIT v. Southern Explosives Co., (2000) 242 ITR 107, wherein it was observed thus :