1990 (5) TMI 36 - HC - Income Tax

Summary

Issues:
1. Discontinuance of business by the assessee.
2. Taxability of rental income received by the assessee.
3. Classification of rental income as income from property or business.
4. Entitlement to depreciation allowance under section 32(1) of the Income-tax Act.
5. Benefit of carry forward of earlier years' losses.
6. Deductibility of interest on borrowings while computing income from property.

Discontinuance of Business:
The case involved the question of whether the assessee had discontinued its business. The court analyzed the evidence, including the sale of assets and the cessation of biscuit manufacturing, to determine that the company had indeed discontinued its business. The court rejected the assessee's argument that a minimal purchase of goods did not signify ongoing operations, ruling in favor of the Revenue on this issue.

Taxability of Rental Income:
The court examined the rental income received by the assessee and its classification as income from property or business. The agreement of lease indicated that the rent was for both the building and furniture, leading the court to conclude that the rent included consideration for the furniture. Citing precedent, the court classified the rental income as income from other sources, ruling against the assessee.

Depreciation Allowance and Carry Forward of Losses:
The judgment addressed the assessee's entitlement to depreciation allowance under section 32(1) of the Income-tax Act and the benefit of carrying forward earlier years' losses. The court did not find any arguments or evidence presented on these aspects, resulting in a ruling against the assessee on these issues.

Deductibility of Interest on Borrowings:
Regarding the deductibility of interest on borrowings while computing income from property, the court found that the rental income was classified as income from property. The court ruled against the assessee on this issue, stating that the interest on borrowings was not deductible.

Judges' Decisions:
The judgment was delivered by A. Raghuvir C. J., with SMT. M. Sharma J. concurring. A detailed analysis of the facts, legal arguments, and evidence led to rulings in favor of the Revenue on several issues, including the discontinuance of business and classification of rental income. The judgment provided a comprehensive examination of each issue raised in the proceedings for the assessment years in question.