ABDUL MAJID PARAMJIT SINGH Vs. COMMISSIONER OF INCOME TAX
LAWS(DLH)-2007-10-346
HIGH COURT OF DELHI
Decided on October 09,2007

Abdul Majid Paramjit Singh Appellant
VERSUS
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

- (1.) AT the instance of the assessee, the following question of law has been referred for our opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the sum of Rs. 56,910 was assessable as income in the asst. yr. 1973 -74 -
(2.) IT appears that the assessee was carrying on the business of excavation of sand from the Yamuna river -bed. After excavation, the sand was stored and later on sold.
(3.) THE Municipal Corporation of Delhi ('the Corporation') set up a claim that the sand was being imported by the assessee from Uttar Pradesh and therefore, the assessee was liable to pay terminal tax. It seems that in view of this and by way of abundant precaution, the assessee collected terminal tax from its customers but did not deposit it with the Corporation. For the accounting year relevant to the asst. yrs. 1969 -70 and 1970 -71, the assessee made collections of above Rs. 53,000 and Rs. 3,000. The total collections were to the extent of Rs. 56,909.52. These amounts were carried forward by the assessee in the accounting year relevant to the asst. yrs. 1971 -72 and 1972 -73.;


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