1997 (6) TMI 18 - HC - Income Tax

Summary

Issues:
1. Allocation of addition over construction period
2. Inclusion of furniture and equipment cost in building cost for spread over
3. Sustaining addition to income from other sources without giving opportunity to explain source

Allocation of addition over construction period:
The case involved disputes over the allocation of addition to the construction period of a nursing home. The Income-tax Officer estimated the construction cost higher than the admitted cost, leading to a spread-over of the difference for four years. The Commissioner of Income-tax (Appeals) made deductions but upheld the spread-over period. The Tribunal rejected the assessee's claim for a six-year spread-over, citing an agreed formula between the parties for a four-year spread-over. The court agreed with the Tribunal, emphasizing the lack of a legal right for a six-year spread-over.

Inclusion of furniture and equipment cost in building cost for spread over:
The Tribunal found evidence of equipment acquisition outside the books, directing its addition to the income over two years. The assessee argued against including furniture and equipment costs in the building cost for spread-over. However, the court noted no such contention raised before the Tribunal, leading to a dismissal of this argument.

Sustaining addition to income from other sources without giving opportunity to explain source:
The Tribunal sustained an addition to income from other sources without providing the assessee an opportunity to explain the source, contrary to Section 69 of the Income-tax Act. The court highlighted the legal provision allowing the assessee to offer an explanation for investments outside the books. It noted the absence of an opportunity for the assessee to provide an explanation, leading to a decision against the Revenue on this issue. The court declined to answer question No. 2 as it was deemed irrelevant to the case, and answered question No. 3 in favor of the assessee.