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Issues involved: Determination of whether a specific amount received by the assessee is a revenue receipt liable to be taxed for the assessment year 1975-76 and whether the entire amount is taxable in the said assessment year.
Summary: The case involved an assessee firm engaged in the business of manufacturing transmission towers and lines for the Kerala State Electricity Board, with disputes arising from contracts between them. The Board agreed to pay the assessee a certain amount with interest as per a settlement reached in December 1974. The assessee claimed that the interest amount was not taxable, but this claim was rejected by the tax authorities and the Appellate Tribunal. The Tribunal found that the amount was paid as part of the settlement between the parties and held it to be a revenue receipt. Regarding the first issue, the High Court affirmed the Tribunal's decision, stating that the interest amount received by the assessee was indeed a revenue receipt. The Court noted that the entire amount, including the interest, was received as per the settlement between the parties, as evidenced by the order of the Board and the receipt issued by the assessee. On the second issue of whether the interest receipt should be spread over multiple years, the Court observed that the assessee did not maintain accounts on a mercantile basis and that the right to receive the amount arose during the relevant accounting period for the assessment year 1975-76. Therefore, the Court held that the entire amount, including the interest, was rightly held to be taxable for that assessment year. In conclusion, the High Court answered both questions in favor of the Revenue, affirming that the interest amount received by the assessee was a revenue receipt and that the entire amount, including the interest, was taxable in the assessment year 1975-76.
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