1966 (4) TMI 85 - HC - Income Tax

Summary

Issues Involved:
1. Deductibility of Rs. 1,24,199 under sections 10(1), 10(2)(xi), or 10(2)(xv) of the Indian Income-tax Act, 1922.
2. Nature of the payment as incidental to business or as a bad debt.
3. Compliance with statutory obligations under section 18 of the Act.
4. Interpretation of the term "penalty" concerning the payment.

Detailed Analysis:

1. Deductibility of Rs. 1,24,199 under Sections 10(1), 10(2)(xi), or 10(2)(xv) of the Indian Income-tax Act, 1922
The primary issue was whether the sum of Rs. 1,24,199 paid by the assessee as tax liability for the Montreal company could be deducted from the business income under sections 10(1), 10(2)(xi), or 10(2)(xv) of the Act. The Tribunal, relying on the Supreme Court decision in Commissioner of Income-tax v. Abdullabhai Abdulkadar, held that the expenditure was neither incidental to the business nor claimable as a bad debt since it was not a trade debt in the course of business.

2. Nature of the Payment as Incidental to Business or as a Bad Debt
The court examined whether the payment made under section 18(3B) was incidental to the assessee's business. It was argued that although there was no agreement for the assessee to suffer the tax on the payment of the retainer fee, the technical aid received was necessary for the business. However, the court concluded that the liability arose due to non-compliance with statutory provisions and not directly from the business activities. Therefore, it was not incidental to the business nor could it be treated as a bad debt under section 10(2)(xi).

3. Compliance with Statutory Obligations under Section 18 of the Act
The court analyzed the obligations under section 18, particularly sub-sections (3B) and (7). It was clear that the assessee was required to deduct taxes at the source when making payments to the non-resident Montreal company. Failure to do so resulted in the assessee being deemed in default under section 18(7), making it personally liable for the tax. This personal liability was seen as a consequence of non-compliance with statutory obligations.

4. Interpretation of the Term "Penalty" Concerning the Payment
The court discussed whether the payment could be considered a penalty. It was determined that the personal liability imposed on the assessee for failing to deduct tax at the source was penal in nature. The court referenced the Supreme Court decision in Haji Aziz and Abdul Shakoor Bros. v. Commissioner of Income-tax, which established that penalties for statutory infractions are not deductible as business expenses. The court concluded that the payment, resulting from non-compliance with section 18(3B), could not be treated as incidental to the business or as a deductible expense under section 10(2)(xv).

Conclusion:
1. The payment of Rs. 1,24,199 arose directly from the application of section 18(7) of the Act.
2. The payment was in the nature of punishment due to the assessee's failure to comply with statutory obligations under section 18(3B).
3. The liability, arising from an infraction of statutory provisions, was not deductible from business profits under sections 10(1) or 10(2)(xv).
4. The payment could not be claimed as a bad debt since it was not a trade debt in the course of business.

The court answered the reference in the negative, ruling against the assessee and awarding costs to the revenue.