2004 (5) TMI 16 - HC - Income Tax

1. Whether, Tribunal was right in holding that the sum paid by the assessee as penalty for late payment of sales tax was an allowable deduction? 2. On the facts and in the circumstances of the case, the Tribunal was not right in holding that the sum being the unclaimed balances written off by the assessee was not taxable? - On examination of the facts, the Tribunal has recorded that the amount was not paid by the assessee as penalty for late payment of sales tax but it was by way of interest - Both questions are answered in favour of the assessee and against the Revenue.

Summary

Issues:
1. Allowability of penalty for late payment of sales tax as a deduction.
2. Taxability of unclaimed balances written off by the assessee.

Issue 1 - Penalty for Late Payment of Sales Tax:
The High Court addressed the first issue concerning the deductibility of a sum paid by the assessee as a penalty for late payment of sales tax. The Tribunal found that the amount was actually paid as interest, not as a penalty for late payment of sales tax. Relying on this factual finding, the Court ruled in favor of the assessee and against the Revenue on this matter.

Issue 2 - Taxability of Unclaimed Balances:
Regarding the second issue of the taxability of unclaimed balances written off by the assessee, the Tribunal had decided in favor of the assessee based on a precedent set by the Bombay High Court in J.K. Chemicals Ltd. v. CIT [1966] 62 ITR 34. However, the Supreme Court, in the case of CIT v. Sugauli Sugar Works (P) Ltd. [1999] 236 ITR 518, examined the Bombay High Court's decision and clarified the legal position. The Supreme Court emphasized that the cessation of liability must occur through specific means, such as the operation of law, a contract between parties, or the discharge of debt. The Court agreed with the reasoning presented in the Bombay High Court's decision and held that the unclaimed balances written off by the assessee were not taxable. Consequently, the High Court ruled in favor of the assessee and against the Revenue on this issue as well.

In conclusion, the High Court's judgment favored the assessee on both issues raised in the reference. The deductibility of the sum paid as a penalty for late payment of sales tax was allowed, considering it was actually paid as interest. Additionally, the unclaimed balances written off by the assessee were deemed non-taxable based on the legal principles outlined by the Supreme Court, following the decision in J.K. Chemicals Ltd. case.