1998 (4) TMI 48 - HC - Income Tax

Summary

Issues:
1. Disallowance of expenditure claimed by the assessee for assessment years 1974-75, 1975-76, and 1981-82.
2. Allowance of expenditure incurred by the official liquidator in the course of liquidation proceedings as a deduction in computing the total income of the company.

Analysis:
1. The assessee, a company that went into liquidation, filed 'nil' return for 1974-75 and returns of loss for 1975-76 and 1981-82. The Income-tax Officer determined total income for those years without considering the claimed expenditures under various heads. The assessee argued that the official liquidator's expenditure was for asset preservation and maintenance. The Income-tax Officer rejected the claim, stating no business was carried on. The Commissioner of Income-tax (Appeals) directed the Income-tax Officer to allow the expenditure under "Business" and "Other sources" heads, citing a previous Tribunal order.

2. The Tribunal upheld the Commissioner's decision based on an earlier order for the assessment year 1978-79. The Tribunal referred the question of law to the High Court regarding allowing the entire expenditure incurred by the official liquidator in the liquidation proceedings as a deduction in computing the total income. The High Court referred to a Division Bench decision concerning the same assessee's case for other assessment years, where the common question was answered in favor of the assessee. The High Court, following the Division Bench's decision, also ruled in favor of the assessee, allowing the expenditure as a deduction.

Conclusion:
The High Court, in line with the Division Bench's decision, allowed the expenditure claimed by the assessee for the assessment years 1974-75, 1975-76, and 1981-82, incurred by the official liquidator during the liquidation proceedings, as a deduction in computing the total income of the company. The judgment favored the assessee, and the tax cases were disposed of without any order as to costs.