COMMISSIONER OF INCOME TAX Vs. DALMIA DAIRY INDUSTRIES LIMITED
LAWS(DLH)-1990-8-53
HIGH COURT OF DELHI
Decided on August 30,1990

COMMISSIONER OF INCOME TAX Appellant
VERSUS
DALMIA DAIRY INDUSTRIES LTD. Respondents

JUDGEMENT

B.N.KIRPAL ,J. - (1.) THE question involved in this case is whether the interest on fixed deposit was taxable on accrual or cash basis. The assess - ment year in question is 1978 -79. We are informed by learned counsel for the respondent that the fixed deposit matured on November 7, 1977, relevant to the asst. yr. 1979 -80, the accounting year ending on September 30, 1978, and that tax has been paid on receipt basis on the whole of the amount of interest received by the respondent. It is further stated that this assessment of tax on receipt basis has been accepted by the assessee and is not under challenge.
(2.) IN view of the aforesaid, there is no reason as to why any reference should be called for because the question has really become academic.
(3.) THE petition is, accordingly, dismissed. There will be no order as to costs.;


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