Issues Involved: 1. Taxability of the sum received by the dissolved firm. 2. Applicability of the Supreme Court decision in McDowell's case. 3. Validity of taxing the same income protectively in the hands of partners and the firm. 4. Taxability of the award amount u/s 176(3A) read with section 189(1). 5. Applicability of sections 28(iv), 60, and 63 of the Income-tax Act.
Summary:
1. Taxability of the Sum Received by the Dissolved Firm: The Tribunal erred in holding that the sum of Rs. 1,48,24,876 received by the partners in pursuance of the interim and final awards became taxable in the hands of the firm which stood dissolved through the dissolution deed dated August 16, 1984. The High Court concluded that the dissolution of the firm was genuine and not a device to avoid tax. The firm ceased to exist, and the sum received by the partners was not taxable in the hands of the dissolved firm.
2. Applicability of the Supreme Court Decision in McDowell's Case: The Tribunal incorrectly applied the principle enunciated in McDowell's case [1985] 154 ITR 148 (SC). The High Court held that the dissolution of the firm was not a device to avoid tax. The decision in McDowell's case was misinterpreted by the Tribunal, as it did not imply that every act resulting in tax reduction is a device for tax avoidance.
3. Validity of Taxing the Same Income Protectively in the Hands of Partners and the Firm: The High Court affirmed that it is settled law that where there is doubt about the real entity liable for a particular income, protective assessment can be made. However, the levy is enforceable only under one assessment. Therefore, the same income can be taxed protectively in the hands of the partners and the firm.
4. Taxability of the Award Amount u/s 176(3A) Read with Section 189(1): The High Court held that section 189(1) does not authorize the assessment of the firm in respect of any income earned after it ceased to exist. The fiction created under section 189 is applicable only for the assessment of income earned by the firm before its dissolution. The award amount received after the dissolution of the firm was not taxable in the hands of the firm under section 176(3A) read with section 189(1).
5. Applicability of Sections 28(iv), 60, and 63 of the Income-tax Act: The High Court held that sections 28(iv), 60, and 63 were not applicable in the instant case. The claim for additional consideration under the terms of the agreement cannot be termed a benefit or perquisite under section 28(iv). Sections 60 and 63, which deal with the transfer of income without transferring the asset, were also not applicable as the firm ceased to exist and did not retain any income-producing asset.
Conclusion: The High Court answered the questions referred at the instance of the assessee in favor of the assessee and against the Revenue, except for the question on protective assessment, which was answered in favor of the Revenue. The questions referred at the instance of the Revenue were answered in favor of the assessee and against the Revenue. No order as to costs.
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