1960 (1) TMI 40 - HC - Income Tax

Summary

Issues Involved:
1. Whether the dividend income of Rs. 64,926 from companies registered in Part B States is exempt from taxation under paragraph 12 of the Part B States (Taxation Concessions) Order, 1950.
2. Whether the business loss in Part B States can be set off against the dividend income from companies registered in Part B States under section 24(1) of the Indian Income-tax Act.

Detailed Analysis:

Issue 1: Exemption of Dividend Income from Taxation
The primary question was whether the dividend income of Rs. 64,926 from companies registered in Part B States is exempt from taxation under paragraph 12 of the Part B States (Taxation Concessions) Order, 1950. The assessee argued that this dividend income was exempt from tax and, therefore, should not be included in the total income. The Income-tax Officer and the Appellate Assistant Commissioner rejected this claim, setting off the business loss against the dividend income. However, the Tribunal held that the dividend income was exempt and should not be set off against the business loss.

The High Court clarified that paragraph 12 of the Order does not exempt the dividend income from tax. Instead, it provides partial relief by stating that no income-tax shall be payable on a certain proportion of the dividend. The paragraph's limited scope implies that the dividend income must be included in the total income and is subject to tax, albeit with some relief. Therefore, the dividend income is not entirely exempt from tax and must be included in the total income.

Issue 2: Set-off of Business Loss Against Dividend Income
The High Court then addressed the real issue: whether the business loss in Part B States can be set off against the dividend income from companies registered in Part B States under section 24(1) of the Act. The Court noted that the total income includes all sources of income, profits, and gains, and losses must be set off against profits from the same or different sources under the same head. Section 24(1) specifically deals with the set-off of losses under different heads of income.

The Court held that under section 24(1), it is permissible to adjust taxable profits against losses from different heads. Since the dividend income is not exempt from tax, it is taxable income and can be set off against the business loss. The Court further emphasized that the set-off under section 24(1) is for the benefit of the assessee, but the Income-tax Officer also has the duty to compute the balance of loss to be carried forward.

The Court concluded that the business loss of the assessee could be set off against the dividend income of Rs. 64,926 from companies registered in Part B States. The Department is entitled to adjust the business loss against the dividend income, minimizing the business loss to be carried forward.

Conclusion:
The High Court answered the question by stating that the business loss of the assessee could be set off against the dividend income of Rs. 64,926 from companies registered in Part B States. The Court made no order as to costs.