1993 (7) TMI 60

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..... 83-84 ?" The respondent, a registered firm, is an assessee under the Incometax Act, 1961. We are concerned with the assessment year 1983-84. The accounting period ended on March 31, 1983. Admittedly, the assessee keeps its accounts on the mercantile basis. The assessee-firm was having the business of transport of levy sugar of the Kerala State Civil Supplies Corporation. In the assessment, the Income-tax Officer made an addition of Rs. 1,92,232 towards "value of additional claim relating to the earlier years which had not been accounted earlier", the proceeds whereof was received in the instant year. The assessee objected to the said addition. In appeal, the addition was affirmed by the Commissioner of Income-tax (Appeals), by order dated .....

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..... ls have been given as under: Rs. Ps. Total amount due to the contractor for the transportation of levy sugar from February, 1980, to March, 1981 (details as per annexure 'A') 47,14,828.90 Amount already paid on different dates against the above work (details as per annexure 'B') 44,95,407.65 Recovery against the cost of shortage on different bills (annexure 'C') 27,189.10 Total to be adjusted 45,22,596.75 Balance to be paid 1,92,232.15 After noticing the above, the Income-tax Appellate Tribunal concluded in paragraph 5 of its order thus : " 3. It would be seen from the correspondence between the assessee and the Corporation that this amount represented payments to be made on the bills from February, 1980, onwards. That is, these .....

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..... he earlier years and so the amount received in this year in the sum of Rs. 1,92,232 cannot be added as the income for this year. The conclusion reached by the Appellate Tribunal is solely based on appreciation of facts and the finding entered by the Appellate Tribunal is a pure finding of fact based on material. We are of the view that no question of law arose out of the appellate order. We hold that the Appellate Tribunal was justified in deleting the sum of Rs. 1,92,232 received by the assessee during the year of account relevant to the assessment year 1983-84, in view of the finding that this amount had already been accounted for in the bills for the earlier years. There is nothing to show that the bill amount had not been fully reflect .....

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