9911796707
|
Home
Issues Involved:
The judgment addresses two main issues: 1. Admissibility of new evidence u/r 29 of the Income-tax (Appellate Tribunal) Rules, 1963, and the classification of income as business income or income under other sources for the assessment years 1979-80 to 1981-82. Admissibility of New Evidence: The assessee, a company engaged in tobacco business, leased out its assets to other companies during the relevant assessment years. The rental income was initially assessed as income under "Other sources." The Tribunal allowed the assessee to submit additional evidence under rule 29 of the Appellate Tribunal Rules, 1963, stating the evidence was relevant and not available to lower authorities. The Tribunal found that the assessee never abandoned its business activities, maintaining contacts and earning commissions, leading to the conclusion that the lease income should be considered as 'business income.' The High Court upheld the Tribunal's decision, citing the finality of the Tribunal's fact-finding authority and finding no perversity in its conclusion based on the evidence presented. Classification of Income: The Tribunal's decision to classify the income from leasing out assets as 'business income' was supported by the High Court, referencing the intention of the assessee to continue its business activities despite the lease arrangement. The Court emphasized that the length of the lease period is a relevant factor but not conclusive in determining the intention of the assessee regarding business continuity. Relying on precedents and considering all facts and circumstances, the Court affirmed that the lease income should be categorized under 'business income' due to the absence of any intention to abandon the business. The judgment favored the assessee and ruled against the Revenue, disposing of the case with no costs.
|
