1993 PLP 409 (PTD)
COMMISSIONER OF INCOME-TAX (ADDL.) Versus T. NAGGIREDDY
| Citation | 1993 PLP 409 (PTD) |
| Forum / Court | 202 I T R 253 |
| Bench Members | B.P. Jeevan Reddy and N. Venkatachala, JJ |
| Parties | COMMISSIONER OF INCOME-TAX (ADDL.) Versus T. NAGGIREDDY |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 1993 PLP 409 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 409 (PTD)?
The case was heard and decided by the 202 I T R 253 bench comprising: B.P. Jeevan Reddy and N. Venkatachala, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 409 (PTD) (COMMISSIONER OF INCOME-TAX (ADDL.) Versus T. NAGGIREDDY). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. V. Gauri Shankal, Senior Advocate (S. Rajappa, C. Ramesh and P. Parameswaran, Advocates with him) for Appellant.
- A Subba Rao, Advocate for Respondent.
Headnotes / Summary
(Appeal by special leave from the judgment and order dated December 15, 1975, of the Andhra Pradesh High Court in R.C. No.35 of 1974.
Mercantile system of accounting
Sales tax collected but not paid -to Sales Tax Department
Includible in the income of the assessee.--[C.I.T. (Addl.) v. T. Nagireddi & Co. (1976) 105 ITR 669 reversed on this point]. In the case of an assessee who maintains his accounts on the mercantile system, sales tax collected but not paid to the sales tax department pending adjudication of dispute over his liability to pay sales tax, is a revenue receipt of the year in which it is collected. Jonnalla Narashimharao & Co. v. C.I.T. (1993) 200 ITR 588 (SC) fol. C.I.T. (Addl.) v. T. Nagireddy & Co (1976) 105 ITR 669 reversed on this point.
Judgment & Decree
(Appeal by special leave from the judgment and order dated December 15, 1975, of the Andhra Pradesh High Court in R.C. No.35 of 1974.
Mercantile system of accounting
Sales tax collected but not paid -to Sales Tax Department
Includible in the income of the assessee.--[C.I.T. (Addl.) v. T. Nagireddi & Co. (1976) 105 ITR 669 reversed on this point]. In the case of an assessee who maintains his accounts on the mercantile system, sales tax collected but not paid to the sales tax department pending adjudication of dispute over his liability to pay sales tax, is a revenue receipt of the year in which it is collected. Jonnalla Narashimharao & Co. v. C.I.T. (1993) 200 ITR 588 (SC) fol. C.I.T. (Addl.) v. T. Nagireddy & Co (1976) 105 ITR 669 reversed on this point. Dr. V. Gauri Shankal, Senior Advocate (S. Rajappa, C. Ramesh and P. Parameswaran, Advocates with him) for Appellant. A Subba Rao, Advocate for Respondent. In this case there is only one question, namely, whether the sales tax amount collected by the assessee is includible in the income of the assessee. As held by us in C.N. Nos. 2468 to 2471 of 1977 (Jonnalla Narashimharao & Co. v. C.I.T. (1993) 200 ITR 588 (SC)), it is includible. The appeal is allowed. No costs. M.BA./52/TF Appeal allowed.