Income-Tax Officer vs Ram Kishore Ram Gopal on 24 October, 1985
4. I have heard Shri R.N. Bara for the revenue and Shri Ram Lal for the assessee and perused the records and I am of the opinion that the view expressed by the learned Accountant Member is more in accord with the established principles of law and facts. The learned Accountant Member pointed out in his order that the decisions' of the Allahabad High Court in the cases of CIT v. Poonam Chand Trilok Chand (supra) and the latter on in Poonam Chand Trilok Chand v. CIT (supra) were directly on the issue and this case coming as it did from the Uttar Pradesh the decision of the Allahabad High Court was binding following which it must be held that the sum in question could not be regarded as income of the assessee. In both these cases the High Court held that corresponding liability to pay the tax arose as per the mercantile system of accounting adopted.