The decision of the Hon'ble Supreme Court in the case of Brij Lal Lohia and Mahabir Prasad Khemka (supra) would, therefore, be not applicable on the facts of the present case. In the case of Tirunelveli Motor Bus Service Co. (P.)
In support of the contention that terminal tax collected was an integral part of the trading receipts in the accounting period relevant to the assessment years 1969-70 and 1970-71 and could be assessed as the income of these assessment years, reliance has been placed on the three decisions of the Hon'ble Supreme Court in Punjab Distilling Industries Ltd. v. CIT [1959] 35 ITR 519, Chowringhee Sales Bureau (P.)
Subsequently, when the trading liability already granted deduction in the earlier years came to be remitted, it became assessable as deemed income under the provisions of Section 41(1). While we hold so, we have the support of the decisions of the Hon'ble Gujarat and Kerala High Courts, respectively, in Motilal Ambaidas v. CIT [1977] 108 ITR 136, CIT v. Marikar (Motors) Ltd. [1981] 129 ITR 1.
Subsequently, when the trading liability already granted deduction in the earlier years came to be remitted, it became assessable as deemed income under the provisions of Section 41(1). While we hold so, we have the support of the decisions of the Hon'ble Gujarat and Kerala High Courts, respectively, in Motilal Ambaidas v. CIT [1977] 108 ITR 136, CIT v. Marikar (Motors) Ltd. [1981] 129 ITR 1.