2002 (10) TMI 31 - HC - Income Tax

Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is a non-trading company and hence the rate of taxation is 55 per cent.? - we hold that the view taken by the Tribunal is justifiable in law and there are no grounds or infirmities in the order warranting our interference. Accordingly, the question of law referred to us is answered in the affirmative, in favour of the assessee and against the Revenue.

Summary

Issues:
Interpretation of section 2(7)(g) of the Finance Act, 1986 to determine if the assessee is a trading or non-trading company.

Analysis:
The case involved a private limited company operating a chain of hotels in Coimbatore. Initially, the Income-tax Officer treated the company as a non-trading company, subjecting it to a tax rate of 55%. Subsequently, through rectification proceedings under section 154 of the Income-tax Act, the company was considered a trading company, leading to taxation at a rate of 60%. The Commissioner of Income-tax (Appeals) upheld the rectification order, citing a previous court decision. The company appealed to the Income-tax Appellate Tribunal, which determined the company to be a non-trading entity based on section 2(7)(g) of the Finance Act, 1986, and set the tax rate at 55%. The Tribunal's decision was the subject of reference to the High Court.

Upon review, the High Court noted the absence of the earlier order of the Tribunal in the case record, emphasizing the importance of including such references. The Court expressed dissatisfaction with the Income-tax Department's failure to provide the necessary documents promptly. Despite these procedural issues, the Court proceeded to analyze the case's merits concerning the interpretation of section 2(7)(g) of the Finance Act, 1986.

The definition of a "trading company" under section 2(7)(g) requires the company's primary business to involve dealing in goods not manufactured, produced, or processed by the company itself. As the assessee operated a hotel selling its own food products, it did not meet the essential condition of dealing in goods from external sources. Consequently, the Tribunal's classification of the company as a non-trading entity aligned with the statutory definition.

Regarding the Assessing Officer's reliance on a previous court decision in CIT v. Buhari Sons (P.) Ltd., the High Court clarified that the case focused on "industrial company" classification, not the distinction between trading and non-trading companies. Given the absence of an "industrial company" classification in the Finance Act, 1986, the cited decision was deemed inapplicable to the current scenario. Therefore, the High Court upheld the Tribunal's decision, affirming the company's non-trading status and the 55% tax rate. The question of law was answered in favor of the assessee, who was awarded costs amounting to Rs. 500.