2011 (3) TMI 587 - AT - Income Tax

Capital or revenue receipt - trade settlement amount - right in Joint Venture - assessee, members of Jain Group and GIPL were carrying on the business of manufacturing writing instruments and stationery through LWIL, in which the GIPL etc. on one hand and members of Jain family and the assessee on the other held equal shares - Held that The LWIL was now to carry the business under the trade marks (a) Parker; (b) Waterman; (c) Paper Mate and (d) Liquid Paper in place of earlier brand names of Gillette and Parker. The agreement does not speak of any special strengths of the Newell or its management practices. Therefore, it is a case of enrichment of the assessee, which has happened without affecting its capital structure or that of the LWIL. In any case, Newell could withdraw after a short period of two to three years. In these circumstances, it can only be held that the payment was made for any possible loss of future profits. Accordingly, the receipt is in the revenue field. Principal of consistency - assessment in the hands of other assessee regarding same receipt - Held that - Returns of other assessee have not been scrutinized - the case has not traveled to any higher forum whose decision could be said to be the precedent in the matter. - Decided in favor of revenue.

Issues Involved:
1. Whether the receipt of Rs. 48,64,490/- by the assessee is a capital receipt or a revenue receipt.
2. The applicability of the rule of consistency in the assessment of similar receipts in other cases.

Issue-wise Detailed Analysis:

1. Whether the receipt of Rs. 48,64,490/- by the assessee is a capital receipt or a revenue receipt:

The solitary ground taken by the revenue is that the ld. CIT(Appeals) erred in deleting the addition of Rs. 48,64,490/- made by the AO by treating the trading settlement amount received as a revenue receipt as against the capital receipt claimed by the assessee. The facts of the case reveal that the assessee, along with other members of the Jain group, entered into a joint venture agreement with Gillette India Pvt. Ltd. (GIPL) to manufacture and market writing instruments and stationery products in India. This joint venture was carried out through Luxor Writing Instruments Ltd. (LWIL). However, Gillette decided to sell its worldwide business to Newell Rubbermaid Inc., USA (Newell), which led to the assessee receiving a settlement amount when Newell decided not to proceed with the acquisition of shares from Gillette.

The AO held that the receipt was revenue in nature, relying on the decision in Seth Banarsi Das Gupta vs. CIT and CIT vs. Best and Co. Pvt. Ltd., which state that compensation received for loss of an enduring asset would be a capital receipt, but where it is received in the ordinary course of business, it shall be a revenue receipt. The AO concluded that no injury had been caused to the capital structure of the assessee, thus treating the receipt as revenue.

The assessee contended that the receipt was capital in nature, referring to the decision in CIT vs. J. Dalmia, where it was held that compensation received for relinquishing a right that cannot be transferred is not taxable as capital gains. The assessee also referred to the decision in Payal Kapoor and Others vs. ACIT, where a similar receipt was treated as capital in nature.

The Tribunal considered various precedents, including Gillanders Arbuthnot and Company Ltd., CIT vs. Best and Co. Pvt. Ltd., CIT vs. J. Dalmia, and Seth Banarsi Das Gupta. The Tribunal noted that the facts of the case of Payal Kapoor were distinguishable. In that case, the joint venture agreement was a capital asset, and the compensation was for impairment of the capital structure. However, in the present case, the agreement with Newell did not come into force as the shares were not transferred, and the receipt was for possible loss of future profits, thus making it a revenue receipt.

2. The applicability of the rule of consistency in the assessment of similar receipts in other cases:

The assessee argued that similar receipts in other cases had not been taxed by the revenue, invoking the rule of consistency. The Tribunal examined the details of assessments of other individuals involved in the joint venture and found that their returns were only processed and not scrutinized. Therefore, it concluded that no informed decision was made by the Assessing Officers in those cases. The Tribunal held that the rule of consistency does not apply as there was no precedent set by higher forums or a consistent principle applied over the years.

Conclusion:

The Tribunal allowed the appeal, concluding that the receipt of Rs. 48,64,490/- by the assessee was a revenue receipt and not a capital receipt. The appeal was pronounced in the open court on 4.3.2011.

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