2012 (6) TMI 435 - HC - Income Tax

Method of accounting - mercantile or accrual basis of accounting - held that - Whether the method of accounting referred to in section 145 of the Income-tax Act, 1961, prior to its substitution by the Finance Act, 1995, with effect from April 1, 1997, included the hybrid or mixed system of accounting and it was open to a company assessee to follow the cash system of accounting in respect of a particular source of income and the mercantile system in respect of the others? - Whether the provisions of section 209(3) of the Companies Act, 1956 as amended by the Companies (Amendment) Act, 1988 have any overriding effect on the provisions of section 145 of the Income- tax Act, 1961? Held that - the provisions of the Companies Act are meant for the requirement of the Companies Act and in case of infraction thereof necessary consequence as provided in the Companies Act itself follows. - Tribunal had no justification to discard the mixed accounting system resorting to the amended provision of the said Companies Act. - Decided in favor of assessee.

Issues:
1. Interpretation of accounting methods under section 145 of the Income-tax Act, 1961.
2. Impact of Companies Act, 1956 on income computation under the Income-tax Act.
3. Assessment of interest income under cash basis versus accrual basis.
4. Authority of Assessing Officer to modify accounting system.

Analysis:

Issue 1:
The primary issue revolved around the interpretation of accounting methods under section 145 of the Income-tax Act, 1961. The appellant argued for a mixed accounting system, combining cash and mercantile methods, which was accepted in previous assessments. The court noted that the law permitted such mixed accounting systems and emphasized that the Assessing Officer should not discard this approach without valid reasons.

Issue 2:
Regarding the impact of the Companies Act, 1956 on income computation, the court examined whether the amendment to section 209 of the Companies Act had overriding effect on the Income-tax Act. The court held that the provisions of the Income-tax Act prevailed, and the Assessing Officer was not justified in discarding the mixed accounting system based on the Companies Act amendment.

Issue 3:
The assessment of interest income on cash basis versus accrual basis was a crucial point of contention. The appellant maintained that interest income should be assessed on a cash basis, as per their accounting system. The court agreed, citing precedents and emphasizing that unless the Department found distortion of profits, they could not insist on changing the accounting method.

Issue 4:
Lastly, the authority of the Assessing Officer to modify the accounting system was examined. The court clarified that the Companies Act provisions were specific to that Act and did not override the Income-tax Act. Therefore, the Assessing Officer had no justification to discard the mixed accounting system based on the Companies Act amendment.

In conclusion, the court upheld the appellant's arguments, answering the substantial questions of law in favor of the appellant and allowing the appeal. The judgment and order of the Commissioner of Income-tax (Appeals) were restored, emphasizing the validity of the mixed accounting system and the primacy of the Income-tax Act in income computation.

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