1982 (4) TMI 29 - HC - Income Tax

Summary

Issues:
1. Treatment of excess sales tax collected by the assessee as income for assessment years 1967-68 and 1968-69.

Analysis:
The High Court of BOMBAY delivered a judgment concerning a partnership firm engaged in the purchase and sale of hides and skins, disputing the treatment of excess sales tax collected by the assessee as income for the assessment years 1967-68 and 1968-69. The Income Tax Officer (ITO) treated the excess amounts of sales tax collected by the assessee as income, a decision upheld by the Appellate Assistant Commissioner (AAC) and the Tribunal. The key question referred to the court was whether the excess sales tax collected by the assessee should be considered income liable to tax under the Income-tax Act, 1961. The assessee argued that the excess sales tax should not be treated as income, emphasizing that the liability to pay over the amount to the sales tax authorities should be deemed to have arisen in the year of sales, thus eligible for deduction under the provisions of the Income-tax Act. The assessee contended that the mercantile system of accounting should allow for the adjustment of the excess sales tax against the liability to pay it over to the authorities, citing relevant legal precedents.

The court noted that there was no evidence in the agreed statement of the case or the record to establish that the assessee followed the mercantile system of accounting. Despite the arguments presented, the Tribunal's decision did not address any deduction claimed by the assessee based on the excess sales tax collected representing a liability. The court highlighted that the assessee had not taken the necessary steps to amend the statement of the case to reflect their submissions, limiting the court's ability to consider this aspect of the matter. The court emphasized the importance of presenting relevant material and arguments before the Tribunal to enable a comprehensive review of the case.

In deciding the issue, the court referred to previous Supreme Court judgments, including Chowringhee Sales Bureau P. Ltd. v. CIT and Sinclair Murray and Co. P. Ltd. v. CIT, which established that excess sales tax collected constitutes a trading receipt and is liable to be included in the assessee's income. The court reiterated that the assessee could claim a deduction when paying the amounts to the tax authorities or refunding them to purchasers. Consequently, the court answered the question in favor of the Commissioner and against the assessee, affirming that the excess sales tax collected should be treated as income for the relevant assessment years. The court directed the applicant to pay the costs of the reference to the respondent, concluding the judgment.