Karnataka High Court
Commissioner Of Income-Tax vs Hiranyakeshi Sahakari Sakkare ... on 6 February, 1992
Equivalent citations: [1993]200ITR130(KAR), [1993]200ITR130(KARN)
Bench: Chief Justice, Shivaraj V. Patil
JUDGMENT S.P. Bharucha, C.J.
1. The only question to be considered in this reference relating to the assessment year 1982-83 reads thus :
"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the amount which was credited to the molasses storage fund and spirit storage fund as part of the statutory obligation cast on the assessee came from out of the sale proceeds of molasses and ethyl alchohol effected in the accounting year under consideration and they should not be taken as income of the assessee in the relevant assessment year ?"
2. Counsel are agreed that in view of this court's judgment dated September 11, 1991, in CIT v. Pandavapura Sahakara Sakkare Kharkane Ltd. [1992] 198 ITR 690 (I.T.R.C. No. 46 of 1990), the question has to be answered in the affirmative and in favour of the assessee. It is so answered.