1983 (10) TMI 30 - HC - Income Tax

Summary

Issues Involved:
1. Interpretation of Rule 1(i) of the First Schedule to the Companies (Profits) Surtax Act, 1964.
2. Inclusion of short-term capital loss in the computation of chargeable profits for surtax purposes.

Detailed Analysis:

1. Interpretation of Rule 1(i) of the First Schedule to the Companies (Profits) Surtax Act, 1964:
The core issue revolves around whether the expression "any income chargeable under the Income-tax Act" under the head "Capital gains" includes short-term capital loss. The assessee argued that Rule 1(i) requires exclusion of income chargeable under the head "Capital gains" and not losses. The Tribunal initially upheld this view, stating that for the purpose of computation of chargeable profits for surtax, the Income-tax Officer (ITO) was not justified in adding back the short-term capital loss.

2. Inclusion of Short-term Capital Loss in the Computation of Chargeable Profits for Surtax Purposes:
The Revenue contended that the term "income" under the Income-tax Act includes both positive and negative figures, i.e., gains and losses. The High Court examined Sections 48 to 55 of the Income-tax Act, which deal with the computation of capital gains, and Section 70(2)(i), which allows the set-off of short-term capital loss against income from other capital assets. The Court concluded that the term "capital gains" in Rule 1(i) of the Surtax Act should include both gains and losses. This interpretation aligns with the broader understanding that "profit or gain" encompasses losses for income-tax purposes.

The Court referenced the Bombay High Court's decision in Harakchand Makanji & Co. v. CIT and the Gujarat High Court's ruling in Dayalbhai Madhavji Vadera v. CIT, which supported the inclusion of losses under the term "income." Additionally, the Supreme Court's decision in CIT v. Harprasad & Co. P. Ltd. reinforced the notion that "income" includes both positive and negative figures, and both must be considered in the computation of taxable income.

Conclusion:
The High Court concluded that Rule 1(i) of the First Schedule to the Surtax Act refers to the source of income under the head "Capital gains," which includes both gains and losses. Therefore, the ITO was justified in adding the short-term capital loss of Rs. 18,923 to the chargeable profits for surtax purposes. The Court answered the question in the affirmative, ruling against the assessee and awarding costs to the Revenue.