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Issues Involved:
1. Lease rent assessment as business income or income from other sources. 2. Deduction of interest paid to United Western Bank Ltd. u/s 36(1)(iii). 3. Deduction of compensation paid to Buckau Wolf u/s 37(1). 4. Deduction of travelling expenses u/s 37(1). Summary: Issue 1: Lease Rent Assessment The court examined whether the lease rent received by the assessee-company was assessable as business income or "income from other sources." The Tribunal concluded that the assessee's intention was not to carry on business but merely to let out the business assets. Therefore, the lease rent was classified as income from other sources, not business income. The court upheld this finding, noting that the assessee intended to convert commercial assets into income-yielding properties, supported by the long-term lease agreement and other circumstances. Issue 2: Deduction of Interest Paid to United Western Bank Ltd. u/s 36(1)(iii) The assessee claimed a deduction for interest paid on a loan taken to purchase machinery. The Income-tax Officer disallowed this claim, stating that the machinery was never used for the assessee's business and was returned to the suppliers. The Tribunal upheld this disallowance, and the court agreed, emphasizing that the assessee's intention was to let out business assets rather than continue business operations. Issue 3: Deduction of Compensation Paid to Buckau Wolf u/s 37(1) The assessee sought a deduction for compensation paid to Buckau Wolf for delayed payment of advances for new machinery. The Income-tax Officer and the Tribunal disallowed this claim, as the machinery was not purchased or used by the assessee. The court upheld this decision, reiterating that the assessee's intention was to convert business assets into property. Issue 4: Deduction of Travelling Expenses u/s 37(1) The assessee claimed travelling expenses for business-related activities. The Income-tax Officer disallowed Rs. 25,000 of these expenses, finding they were not incurred for the assessee's business. The Tribunal confirmed this disallowance, and the court agreed, noting that the expenses were related to obtaining a licence for another entity, not the assessee's business. Additional Point: Income from Hostel The court also addressed whether income derived from leasing a hostel to students constituted business income. The Tribunal and the Appellate Assistant Commissioner treated this income as business income, based on fresh evidence showing that the hostel was run as a business proposition. The court upheld this finding, noting that the premises were not let out to students but occupied under a licence, indicating a business activity. Conclusion The court answered question No. 1 in the affirmative and against the assessee, and questions Nos. 2, 3, and 4 in the negative and against the assessee. The reference was disposed of with no order as to costs.
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