TMI Blog1992 (10) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... d the following questions relating to the assessment year 1972-73 for the opinion of this Court: 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the extra amount of ₹ 1,03,445 realised on enhanced price of sugar had not accrued in the relevant assessment year? 2. Whether, on the facts and in the circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te. In the instant case also, the Tribunal found that the difference of sugarcane price was subject to an interim order passed by the High Court and final disposal of the said amount could be done only on the basis of the order of the High Court and that the assessee had no control over the amount which was subject to the interim order. Following the decision of this Court in Dhampur Sugar Mills L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 1969-70, the Tribunal held: genuineness of the agreement as also of the payments has not been doubted. Then before the Tribunal two objections had been raised that there was no necessity for the assessee to appoint sole selling agent and secondly, that the selling agent did not render any service. Both these factual objections were repelled by the Tribunal saying that appointment of the sole ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fund under section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 amounted to penalty having been paid for infraction of law and, hence, was not allowable as business expenditure. Following the said decision, we answer this question in the negative, that is, in favour of the revenue and against the assessee. There will be no order as to costs. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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