1949 (12) TMI 32 - HC - Income Tax

Summary

Issues Involved:
1. Whether the sum of Rs. 1,02,063 is income liable to tax under the Indian Income-tax Act.
2. Whether the amount received is interest or capital.
3. Whether the amount received is damages for wrongful withholding of money.
4. Whether the amount received is of a casual and non-recurring nature.

Detailed Analysis:

1. Whether the sum of Rs. 1,02,063 is income liable to tax under the Indian Income-tax Act:
The primary issue revolves around the nature of the Rs. 1,02,063 received by the assessee and whether it qualifies as taxable income under the Indian Income-tax Act. The court examined the partition deed dated 26th May 1930, where Seth Mathuradas was to pay Rs. 5 lakhs to the assessee in ten annual installments with interest. The amount was received as interest for the delayed payments. The court concluded that the sum received was indeed interest and thus liable to tax under the Indian Income-tax Act.

2. Whether the amount received is interest or capital:
The court analyzed the partition deed and the subsequent agreements, determining that there were two agreements: one for the division of assets and another for the use of the amount with interest. The court referenced Bell's Dictionary's definition of interest: "Interest of money may be defined to be the creditor's share of the profit which the borrower or debtor is presumed to make from the use of money." The court found that the Rs. 1,02,063 received was interest, not capital, as it was a return for the use of the assessee's money.

3. Whether the amount received is damages for wrongful withholding of money:
The court rejected the assessee's contention that the amount was damages for wrongful withholding of money. The court noted that there was no evidence of any agreement or understanding that compensation or damages were to be paid for settling the partition dispute. The arbitrator's award clearly indicated that the amount was interest for the use of the money, not damages. The court cited Schulze v. S.W. Bensted, which distinguished between interest and damages, supporting the view that the amount was indeed interest.

4. Whether the amount received is of a casual and non-recurring nature:
The court addressed the assessee's argument that the receipt was casual and non-recurring. It referenced John v. Commissioner of Income-tax, distinguishing the current case from John's case. The court found that the Rs. 1,02,063 was a periodical return from a definite source and thus did not qualify as casual or non-recurring. The court concluded that the amount was taxable income, as it did not fall under any exemption categories.

Conclusion:
The court answered the question in the affirmative, holding that the sum of Rs. 1,02,063 received by the assessee was income liable to tax under the Indian Income-tax Act. The assessee was ordered to bear all costs of the reference, with specified counsel fees for both parties.