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1986 DIGILAW 55 (BOM)

BRITANNIA BISCUIT CO. LTD. v. STATE OF MAHARASHTRA

1986-02-12

M.H.KANIA, SUJATA V.MANOHAR

body1986
JUDGMENT The judgment of the Court was delivered by KANIA, AG. C.J. - There is only one question referred to us for our determination in this reference. That question runs as follows : "Whether, on the facts and circumstances of the case, the Tribunal was justified in law in holding that the book entry of Rs. 82,324 representing 50 per cent of the closing balance of the tin deposits left on 31st March, 1973, written off from the account stocks of the tins on the probable non-return of the tins by the customers constitutes 'sale price' ?" 2. It is agreed between the respective counsel that the question referred must be answered in the negative and in favour of the assessee in view of the judgment of the Division Bench of this Court in the Britannia Biscuit Co. Ltd. v. State of Maharashtra [1983] 53 STC 179. 3. The question is answered accordingly. No order as to costs.