2000 (2) TMI 83 - HC - Income Tax

Summary

Issues involved: Reference u/s 256(2) of the Income-tax Act, 1961 for assessment year 1967-68 regarding the treatment of claimed revenue loss on sale of investments.

Summary:

Assessment of Revenue Loss Claim:
The assessee, a registered firm engaged in forest exploitation and tea estates, claimed Rs. 31,911 as a revenue loss on the sale of investments which were initially pledged with District Forest Officers as security and later sold after being given to banks against overdrafts. The Assessing Officer disallowed the claim, considering the investments as capital stock rather than business assets.

Appeals Process:
Upon appeal, the Assessing Officer's decision was upheld. Subsequently, the Tribunal ruled in favor of the assessee, allowing the claim as a revenue expense, leading to the reference at the instance of the Revenue.

Commercial Expediency and Precedent:
The Tribunal's decision was supported by the fact that the investments were made out of necessity for continuing business operations with government departments, aligning with the principle of commercial expediency. Citing the Supreme Court's ruling in a similar case, where investments were made to further sales and boost business, it was established that losses incurred on such investments qualify as revenue losses.

Judgment:
Considering the circumstances and the commercial necessity behind the investments, the Tribunal's allowance of Rs. 31,911 as a revenue loss was deemed appropriate. The reference was answered affirmatively in favor of the assessee and against the Revenue.