2012 (8) TMI 620 - AT - Income Tax

Receipt of Gift as remission of liability and hence taxable u/s. 41(1) - Held that - The gift is given by a person to another person who is personally related to him, the remission of trading liability takes place in business relationships taking place only due to adverse business situation faced by a business concern. In the instant case, nothing was brought on record by the department to show that the assessee s business was in critical condition, which would warrant remission of liability for its survival - assessee has declared an income of Rs. 16,13,228/- during the year under consideration, which fact shows that the business of the assessee was in healthy condition - in favour of assessee.

Summary

Issues:
Assessment of gift as remission of liability under sec. 41(1) of the Act.

Analysis:
The appeal addressed the decision of the Ld. CIT(A) regarding the treatment of a gift of Rs. 75 lakhs received by the assessee as a remission of liability under sec. 41(1) of the Act. The Assessing Officer observed a significant increase in the assessee's capital and identified the gift from the maternal uncle as the source. The gift was given through a book entry, reducing the assessee's liability to the donor's business. Despite the uncle's confirmation of the gift, the AO classified it as a remission of trading liability, leading to its inclusion under sec. 41(1). The assessee contended that the entry was akin to constructive receipt and payment, not a remission of liability.

The Tribunal analyzed the nature of the transaction and relevant legal provisions. The AO and Ld. CIT(A) viewed the book entry as a remission of trading liability due to the reduction in the creditor's balance. However, the assessee argued that the transaction should be seen in light of its personal and business aspects. The Tribunal emphasized that the taxability assessment should not solely rely on book entries. Referring to legal precedents, it highlighted that the essence of sec. 41(1) is the benefit obtained by the assessee, regardless of accounting methods.

The Tribunal assessed the specific circumstances of the case to determine the gift's character. It noted the personal relationship between the donor and donee, emphasizing that a gift retains its nature unless proven otherwise. The absence of adverse business conditions and the healthy financial state of the assessee's business indicated a lack of business consideration for remission of liability. The Tribunal differentiated between personal gifts and business remissions, concluding that the gift should not be treated as a remission of trading liability under sec. 41(1).

In conclusion, the Tribunal set aside the Ld. CIT(A)'s decision and directed the deletion of the Rs. 75 lakhs addition under sec. 41(1) of the Act. The appeal was allowed in favor of the assessee.