TMI Blog1982 (2) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question of law to this court for its opinion : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was Tight in law in holding that the sum of Rs. 28,000 on account of the hire charges on dumpers did not accrue to the assessee and, therefore, was not liable to inclusion in the total i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention advanced on behalf of the assessee was that the sum of Rs. 28,000 had not accrued to the assessee and hence was not includible in her total income. This contention was rejected by the ITO; and, on appeal, the decision of the ITO was affirmed. On further appeal before the Tribunal, the Tribunal held that the assessee had taken possession of the dumpers in November, 1975, and that the stipula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partment that the aforesaid question of law has been referred to this court for its opinion. Having heard learned counsel for the parties, we have come to the conclusion that this reference deserves to be answered in favour of the assessee. The learned counsel for the Department contended that the assessee followed the mercantile system of accounting and hence the Tribunal erred in holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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