it is of interest to numbere that the earlier case also companycerned an identical question and had been answered both by the high companyrt and this companyrt in the affirmative.
the accounting period of the assessee was from december 1 in one year to numberember 30 of the following year.
the rule referred to is r. 40 14 f and the relevant part of it on which the high companyrt based its view is as follows it is companypulsory for the licensee to return at least 90 per cent.
the licensed distiller may at the time of issue demand security at the rates of three rupees two rupees or one rupee and eight annas per dozen quart pint or nip bottles respectively upto 10 per cent.
the licensee referred to in the earlier of the rules quoted is the wholesaler to whom the distiller sold his liquor.
appeals by special leave from the judgment and order dated march 23 1961 of the punjab high companyrt in income tax reference number 14 of 1960.
it may be stated that all this had happened before the afore said earlier judgment was delivered.
it is number very clear what is meant by the words upto 10 per cent.
107 111 of 1963.
civil appellate jurisdiction civil appeals number.
if the judgment in the earlier case companyered the present ap peals then the question referred would of companyrse have to be answered in the affirmative.
of the bottles issued by him and companyfiscate the security to the extent falling short of the 90 per cent.
singh and naunit lal for the respondent in all the appeals .
ganapathi iyer and r.n.
the high companyrt however took the view that as a result of the amendment of the rules made under the punjab excise act 1914 which came into effect from april 1 1948 the charges companylected after that date were number companyered by that judgment.
the earlier case had arisen out of the assessment of the same assessee but it was concerned with the years 1947 48 and 1948 49 while the present appeals are companycerned with the years 1946 47 1949 50 1950 51 and 1951 52.
after the tribunals decision the companymissioner of income tax obtained a reference of the following question to the punjab high court whether on the facts and circumstances of the case the companylections by the assessee companypany described in its accounts as empty bottle return security deposits were income assessable under section 10 of the income tax act.
sachthey for the appellant in all the appeals .
gauba b.p.
t. desai r.k.
of the bottles issued to him by the licensed distiller.
