1985 (5) TMI 39 - HC - Income Tax

Summary

Issues:
1. Interpretation of Section 41(1) of the Income-tax Act, 1961 regarding the taxation of certain amounts.
2. Determination of whether the sum transferred to the profit and loss account by the assessee was liable to tax during the assessment year in question or during the years in which the sales tax was initially realized.

Analysis:
The judgment pertains to a case where the Commissioner of Income-tax sought a direction for the Income-tax Appellate Tribunal to refer a question of law regarding the taxation of a sum of Rs. 90,279 during the assessment year 1970-71 under Section 41(1) of the Income-tax Act, 1961. The assessee-firm, engaged in the purchase and supply of cotton, collected sales tax from customers at 2% and maintained a separate account for the same. However, during the assessment year in question, the unpaid sales tax amount was transferred to the profit and loss account, leading to its inclusion in the income by the Income-tax Officer, a decision upheld by the Appellate Assistant Commissioner.

The Income-tax Appellate Tribunal, on appeal, held that the sales tax amount initially collected was a trading receipt and should have been taxed in the respective years. The Tribunal emphasized that the character and taxability of the receipt should have been determined when it was realized by the assessee, as it constituted a part of trading receipts under the mercantile system of accountancy. Consequently, the Tribunal deleted the addition of Rs. 90,279 towards the assessee's income, citing Section 41(1) of the Act, which it deemed inapplicable to the case.

However, the High Court took a different view, citing Section 41(1) of the Act, which deems amounts obtained in a subsequent year in respect of previously allowed deductions as profits chargeable to income tax. The Court noted that the assessee had claimed deductions for the sales tax amounts in preceding years, making Section 41(1) applicable. The Court held that the mere use of the mercantile system of accounting did not negate the application of Section 41(1), especially when the amount was transferred to the profit and loss account in the previous year. The Court deemed the question of whether Section 41(1) was attracted as a question of law, criticizing the Tribunal for not referring the issue for the Court's opinion.

Consequently, the Court allowed the petition, directing the Tribunal to refer the question of law to the Court for opinion, emphasizing the applicability of Section 41(1) and the taxation of the transferred sum as per the provisions of the Income-tax Act, 1961.