2015 (12) TMI 1072 - HC - Income Tax

Disallowance of business loss claimed u/s 41(1) - damaged stock of paddy - disallowance based on auditors note/ certificate - Held that - The matter is required to be remanded keeping in view the facts urged by the assessee that certain amount out of the damaged stock of paddy of ₹ 5.08 crores was received by the assessee in the financial year 1997-98 relating to the assessment years 1998-99 onwards upto assessment year 2003-04 and that the amount so received was taxed in the year of receipt - Decided in favour of assessee by way of remand.

Summary

Issues:
1. Disallowance of business loss claimed under section 41(1) of the Income Tax Act, 1961 on account of damaged stock of paddy.
2. Disallowance of deduction under section 80P(2)(a)(iii) of the Income Tax Act, 1961.
3. Validity of retrospective amendment pending before the Supreme Court.
4. Perversity of the Tribunal's order.

Analysis:

Issue 1: Disallowance of business loss claimed under section 41(1)
The appellant contested the disallowance of business loss amounting to Rs. 5,08,02,633 on the basis of damaged stock of paddy. The appellant argued that the amount realized from the sale of damaged stock in subsequent years had already been included as income in the respective assessments under scrutiny. The Tribunal upheld the disallowance citing lack of evidence to prove the stock damage and recovery in subsequent years. However, the appellant highlighted that taxing the same amount twice would result in double taxation. The High Court found merit in the appellant's argument and remanded the issue back to the Assessing Officer for fresh consideration.

Issue 2: Disallowance of deduction under section 80P(2)(a)(iii)
The Tribunal confirmed the disallowance of deduction amounting to Rs. 29,42,11,642 under section 80P(2)(a)(iii) of the Income Tax Act, 1961. The appellant raised concerns regarding the validity of a retrospective amendment pending before the Supreme Court. However, the High Court clarified that these issues were not up for consideration as they were previously addressed in a different case. The appellant's plea to reconsider the disallowance was not entertained, and the Tribunal's decision was upheld.

Issue 3: Validity of retrospective amendment
The appellant questioned the validity of a retrospective amendment pending before the Supreme Court. The High Court noted that this issue was not the subject of the current appeal, as it was previously addressed in another case. Therefore, the High Court did not delve into the validity of the retrospective amendment in this judgment.

Issue 4: Perversity of the Tribunal's order
The appellant argued that the Tribunal's order was against the provisions of the law. However, the High Court did not find the order to be perverse. After considering arguments from both parties, the High Court remanded the matter back to the Assessing Officer for fresh consideration in accordance with the law. Ultimately, the appeal was disposed of by the High Court.