Judgment

SHAH, J. : The Income Tax Appellate Tribunal, Delhi Bench, stated under S. 66(1) of the Indian Income Tax Act the following question for decision of the High Court of Judicature of Chandigarh :

"Whether the assessee s receipts from consumers for laying service lines, (that is, not distributing mains) were trading receipts and whether the profit element therein, viz., service connection receipts minus service connection cost was taxable income in the assessee s hands?"

2. The High Court answered the question as follows :

". . . . the company s receipts from the consumers for laying the service lines are trading receipts and the profit element therein being the difference between the service connection receipts and the service connection costs is taxable income in the hands of the company."

3. With certificate granted under section 66 A(2) of the Income Tax Act, this appeal is preferred by the Hoshiarpur Electric Supply Company - hereinafter referred to as the assessee.

4. The assessee is a licensee of an electricity undertaking. In the year of account, April 1, 1947 - March 31, 1948, the assessee received Rs. 12,530/- for new service connections granted to its customers. Out of t