TMI Blog1983 (10) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of income derived by the society from letting of godowns or warehouse and not cold storage plant. Thus, he brought to tax the income from the cold storage plant. He also treated 20 per cent of the commission as receipts from non-members and taxed it. The assessee appealed to the AAC. He agreed with the ITO in disallowing the claim for exemption under section 80P and taxing the income from cold storage. He directed that receipts from non-members should not be estimated at more than 10 per cent. Against the said order, the assessee has preferred these appeals. 2. The learned counsel for the assessee submitted that the cold storage plant is only a warehouse where vegetables are stored. The cold storage does not cease to be a storage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The meaning of 'warehouse' as per the Oxford Dictionary is as follows : " Building used for storage of merchandise. " According to Chambers Twentieth Century Dictionary, it means : " a building or room for storing goods. " According to Stroud's Judicial Dictionary, the meaning of warehouse is : " a place where a man stowes or keeps his goods which are not immediately wanted for sale. " According to Black's Law Dictionary, the meaning of warehouse is : " structure used for reception and storage of goods and merchandise. " The meaning of 'cold storage' as per Chambers Twentieth Century Dictionary is as under : " storage and preservation of goods in refrigerating chambers. " The word 'storage' has been defined in Oxford Eng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved as under : ". . . The ordinary meaning that would be given to the word 'storage' is a place for storing. That means any place where the goods can be stored. It may be that for different commodities different conditions of storage may be necessary. For a commodity like cotton seed a particular kind of storage or storehouse would be advisable. For kerosene oil and other articles different conditions may be necessary, but still all these places are the places for storing the various commodities and irrespective of the conditions which may be obtaining in each of these places, they would all be called storages because what is done there is that actually the goods or commodities are stored or kept for a length of time. Just as in a commodi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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