The Commissioner Of Income Tax, Amritsar v. M/S Amritsar Transport Co.p Limited, Amritsar

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITR No.40 of 1998 Date of decision: 10.12.2008 The Commissioner of Income Tax, Amritsar Vs. -----Applicant M/s Amritsar Transport Co.P Limited, Amritsar --Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOELHON'BLE MR JUSTICE L.N.MITTAL Present: Ms.Naveender P.K.Singh, Sr.Standing counsel for therevenue. revenue. None for the assessee. Adarsh Kumar Goel,J. 1.The Income Tax Appellate Tribunal, Amritsar hasreferred the following question for opinion of this Court undersection 256(2) of the Income Tax Act, 1961 (in short, ‘the Act’),arising out of its order dated 14.12.1984 in ITA No.130(ASR)/1984, in compliance of order of the Hon’ble Supreme Court dated5.8.1997 in CA No.5334 of 1995 in the case ofCIT v. Amritsar .:-Transport Co “Whether on the facts and in the circumstances of thecase, the Tribunal was right in law in holding that the realisation of Rs.3,79,729/- as charity in the bills didnot constitute a Trading Receipt and was not assessableto tax in the assessment year 1980-81?” 2. During assessment, the Assessing Officer assessed amount received by the assessee towards charity from itscustomers. The amount was credited to ‘Dharmada account’. Onappeal, the CIT(Appeals) upheld the plea of the assessee, whichview was affirmed by the Tribunal. The Tribunal relied uponjudgment of the Hon’ble Supreme Court inM/s Bijli Cotton MillsPrivate Limited, 116 ITR 60, holding that amount received ascharity could not be treated as income.3.Learned counsel for the revenue fairly stated that thematter is covered against the revenue by judgment of this Court inCIT, Amritsar v. Gheru Lal Bal Chand, (1978) 111 ITR 134. 4.In view of above, the question referred is answeredagainst the revenue and in favour of the assessee.5.The reference is disposed of accordingly. (Adarsh Kumar Goel)Judge December 10, 2008‘gs’ (L.N.Mittal)Judge