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2015 Supreme(Online)(Ker) 41310

KERALA HIGH COURT
Senior Standing Counsel, ACJ
Revenue – Appellant
Versus
Company publishing the newspaper 'Kerala Kaumudi' – Respondent


Advocates:
For the Appellants/Petitioners: Senior Standing Counsel
For the Respondents: Senior Counsel

Table of Content
1. overview of appeals and initial issues raised. (Para 1 , 2)
2. identification of legal questions framed. (Para 3)
3. court's historical acceptance and precedent of accounting methods. (Para 6 , 7 , 9 , 12)
4. final ruling on appeals. (Para 13 , 26)
5. affirmation of the tribunal's decision. (Para 14)

1. The captioned appeals are filed by the Revenue, aggrieved by the orders of the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos. 386/95, 387/95, 620/95 and 679/95 respectively, concerning the assessment years 1990-91, 1991-92, 1992-93 and 1993-94 respectively.

2. The respondent assessee is a company which is publishing the newspaper ‘Kerala Kaumudi’. The assessee is following mercantile system of accounting. However, as far as sales of newspaper and advertisement revenue are concerned, the assessee was following cash system of accounting. Returns were filed during the assessment years in question. Taking the view that the assessee, having adopted mercantile system of accounting, cannot adopt accounting on cash basis as regards the sale of newspaper and advertisement charges, the Assessing Officer made additions and completed the assessment. Appeals filed by the as













































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