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Issues:
Interpretation of admissibility of rent deduction for earlier years in current assessment year under Income-tax Act, 1961. Analysis: The case involved the interpretation of whether a sum of rent payable for earlier years could be claimed as a deduction in the assessment year 1976-77. The assessee, a registered firm engaged in manufacturing containers, was made liable to pay Rs. 88,127 as rent, including arrears for earlier years, by a Government order dated August 26, 1975. The main issue was whether this amount could be claimed as a deduction in the assessment year 1976-77. The Appellate Tribunal found that the liability became payable only when the Government passed the order in 1975, and thus, it was an admissible deduction. The Department argued that since the demand for payment was made in January 1976, it fell outside the relevant assessment year. However, the assessee contended that the liability arose as per the Government order in 1975 and was allowable as a deduction for the assessment year 1976-77. The High Court analyzed the facts and legal precedents to determine the admissibility of the rent deduction. It noted that there was no lease agreement for rent payment between the assessee and the Government or the chief tenant. The Government order in 1975 directed the collection of full rent from both the chief tenant and sub-tenant. The assessee, following the mercantile system of accounting, made a provision for the rent amount in the accounts for the year ended September 30, 1975, based on the Government order. The Court referred to similar cases where liabilities were held to arise upon specific orders or demands. It emphasized that the liability to pay rent did not arise monthly or yearly but was regularized by the 1975 Government order. The Court found no infirmity in the Tribunal's decision to allow the provision made by the assessee for arrears of rent and claim deduction in the assessment year 1976-77 based on the Government order. In conclusion, the High Court answered the questions in favor of the assessee, holding that the deduction for rent payable for earlier years as per the Government order dated August 26, 1975, was admissible in the assessment year 1976-77. The Court ruled against the Department's contention and upheld the Tribunal's decision.
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