1989 (4) TMI 38 - HC - Income Tax

Summary

Issues Involved:
1. Whether the surtax liability of the applicant was admissible as a deduction in the computation of its total income for income-tax purposes.

Summary:

Issue 1: Admissibility of Surtax Deduction
The reference under section 256(1) of the Income-tax Act, 1961, was made at the instance of the assessee, Doom Dooma Tea Company Ltd., for the assessment year 1975-76. The tea estate paid Rs. 2,26,280 under the Companies (Profits) Surtax Act, 1964, and claimed deduction, which was rejected by the Income-tax Officer u/s 40(a)(ii) of the Income-tax Act. The Appellate Assistant Commissioner and the Tribunal upheld this rejection.

Historical Context and Legal Precedents:
The judgment delves into the origins of income-tax, super-tax, and surtax in India, noting that super-tax was repealed in 1986, and surtax was discontinued from the assessment year 1988-89. The court referenced several High Court decisions, including those from Calcutta, Karnataka, Andhra Pradesh, Gujarat, Rajasthan, Madras, and Kerala, where the claim for surtax deduction was generally rejected. The court also reviewed the definition of "income" and "tax" under sections 2(24) and 2(43) of the Income-tax Act, 1961, and the scheme of deductions under sections 28, 29, and 37.

Court's Analysis:
The court noted that the definition of "tax" in section 2(43) of the Income-tax Act, 1961, does not necessarily apply to surtax. It also cited various cases where taxes, rates, or cesses were allowed as deductions even without explicit statutory provisions. The court emphasized that income-tax is considered the Crown's share of profits and should not be deducted before profit determination. However, it distinguished surtax from income-tax, noting that surtax is levied on chargeable profits and should be allowed as a deduction under section 37 of the Income-tax Act.

Conclusion:
The court concluded that deduction of surtax is not prohibited under section 40(a)(ii) of the Income-tax Act and can be deducted under section 37. Therefore, the question was answered in favor of the assessee, allowing the deduction of Rs. 2,26,280 from the profit and loss account of the assessee. No costs were awarded.