1989 (1) TMI 88 - HC - Income Tax

Summary

Issues:
1. Assessment of cash credits as income from other sources in the case of an unregistered firm for the assessment year 1978-79.
2. Discrepancy in the findings of the Appellate Tribunal regarding the commencement of business by the firm.
3. Disagreement on the correct date mentioned in the assessment report.

Analysis:
The High Court of Kerala addressed the issue of assessing cash credits as income from other sources in the case of an unregistered firm for the assessment year 1978-79. The respondent, an assessee to income tax, was a firm of Abkari contractors. During the assessment, two cash credits were noticed in the firm's accounts, which the creditors denied. The Income-tax Officer added the amounts to the firm's income as the source of the cash credits was unexplained. The Commissioner of Income-tax (Appeals) upheld this addition, but the Appellate Tribunal later ruled that no business was conducted by the firm during the relevant period, rendering the addition unwarranted. The High Court directed the Income-tax Appellate Tribunal to refer questions regarding the applicability of section 68 of the Income-tax Act for decision.

Regarding the discrepancy in findings of the Appellate Tribunal on the commencement of business by the firm, the Tribunal had noted that the business was not commenced until April 1, 1978, despite the partners participating in a bid earlier. The Tribunal concluded that since no business was conducted during the relevant year, there could not be a firm in existence. The High Court was called upon to determine the legal and factual correctness of these findings.

Lastly, the disagreement over the correct date mentioned in the assessment report was also addressed by the High Court. The court examined the cash credits in the firm's journal-cum-ledger on March 31, 1978, and the disownment of these credits by the creditors. The court found that the questions of law formulated by the Revenue indeed arose from the Tribunal's order, and directed the Tribunal to refer these questions for decision.