Commissioner, Income Tax v. Uttaranchal Organic Commodities Board

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALIncome Tax Appeal No. 6 of 2010 Commissioner, Income Tax. ………. Appellant Versus Uttaranchal Organic Commodities Board. ………. Respondent Mr. H.M. Bhatia, Advocate for the appellant. Mr. Mohit Maulekhi, Advocate for the respondent. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C. J. (Oral) In the instant case, assessee received certain amount of money from the State Government for the purpose of distributing the same to the distributing agencies. Some part of such amount was distributed and the remaining remained with the assessee. Those were treated to be income and, accordingly, additions were made. The Commissioner of Appeals accepted those additions. The Tribunal has reversed holding that the money, thus received, could not be shown to be income of the assessee. It has held, on the admitted facts and circumstances of the case, that the assessee was only a trustee holding those monies for the benefit of others and, accordingly, no income accrued in its hands. 2. That being the conclusion of the Tribunal, the appeal fails and the same is dismissed. (Servesh Kumar Gupta, J.) (Servesh Kumar Gupta, J.) (Barin Ghosh, C. J.) 01.04.2013 01.04.2013