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Issues Involved:
The judgment involves the issue of deduction claimed by the assessee in respect of goods taken on loan from a sister concern and the dispute regarding the allowance of the claimed deduction under the Income-tax Act, 1961. Details of the Judgment: Issue 1: Deduction Claimed by the Assessee The assessee, a welding rods manufacturing firm, obtained raw material on loan basis from a sister concern due to scarcity. The loan agreement stipulated the return of the raw material when demanded, without a fixed timeline. The dispute arose regarding the deduction of Rs. 5,18,237 claimed by the assessee for the rise in the price of wire rods. The Income-tax Officer disallowed this claim, leading to appeals before the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal, which were unsuccessful. The matter was referred to the High Court for consideration. Issue 2: Mercantile System of Accounting The High Court emphasized the importance of the mercantile system of accounting in determining liabilities and profits. It noted that the assessee had correctly accounted for the loaned wire rods in its liability account, reflecting the actual existing liability. The court highlighted that the provision for the rise in price of the raw material was essential for determining the true profits of the business, as per commercial principles. Issue 3: Legal Principles and Precedents The judgment referred to legal precedents, such as the case of Keshav Mills Ltd. v. CIT, emphasizing the recognition of liabilities as deductible for income-tax purposes when they exist at the time of making the deduction. It also cited the case of Badridas Daga v. CIT, stating that deductions must align with commercial practices and trading principles to be allowed. The court further quoted observations from the case of Aruna Mills Ltd. v. CIT, stressing the importance of understanding commercial expediency in assessing business profits. Conclusion: The High Court concluded that the disputed entry for the rise in the price of raw material was valid and necessary for determining the assessee's taxable profits. It referenced the decision in Calcutta Co. Ltd. v. CIT to support its stance. The judgment rejected the Department's contention against the claimed deduction, aligning with commercial principles and the mercantile system of accounting. The reference was answered in favor of the assessee, emphasizing the significance of recognizing liabilities and expenses in determining business profits. This comprehensive summary highlights the key aspects and reasoning of the judgment, focusing on the issues involved and the court's decision based on legal principles and precedents.
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