TMI Blog2000 (12) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... rying on business in soft drinks sold under the name "Torino". The assessment year involved is 1980-81. It had earlier been also carrying on the business as bottler of Coco-Cola and Fanta. The bottles meant for the same were required to be manufactured by the assessee according to the specification given by the American company. Some time prior to 1980-81, the Government of India having declined p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on appeal, upheld the assessee's objection to the exercise of revisional jurisdiction. On the merits it concurred with the Commissioner and held that the receipt was a revenue receipt. The Revenue has brought before us the question regarding the correctness of the Tribunal's view that the Commissioner has no jurisdiction by reason of an appeal having been preferred against the assessment order, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well within his powers in exercising the revisional jurisdiction. The contrary view taken by the Tribunal is untenable. We answer the question regarding the exercise of the revisional jurisdiction of the Commissioner in favour of the Revenue and against the assessee. As to whether the amount received for the destruction of the bottles should be treated as a revenue receipt, we are unable to acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at the instance of the assessee is, therefore, answered in favour of the assessee and against the Revenue. The second question referred to us at the assessee's instance as to whether the Tribunal was right in holding in the alternative that the compensation received would be deemed profits is academic, in the light of our holding that the compensation received is a capital receipt. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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