2010 (1) TMI 1295 - HC - Income Tax

Summary

Issues involved: Assessment of refund of turnover tax u/s 41(1) of the Income Tax Act for the assessment year 1995-96.

Summary:
The High Court of Kerala considered the issue of whether the Tribunal was justified in canceling the assessment of a refund of turnover tax amounting to Rs.25,27,734. The appellant argued that the turnover tax paid by the assessee was allowed as a deduction in previous assessment years, making the refund received in the relevant assessment year taxable under Section 41(1) of the Income Tax Act. The respondent, however, relied on a judgment in their own case where it was held that the turnover tax recovered and retained by the assessee is assessable as income. The Court noted that the assessment of this income in the hands of the assessee does not prevent the assessment of the refund under Section 41(1). The Tribunal's decision to cancel the assessment based on the refund not being considered as income was deemed untenable as the department did not file further appeals or claim return of the refund amount. The Court allowed the appeal, reinstating the assessment, but clarified that if the turnover tax deduction was not claimed in previous years, there would be no case for assessing the refund. The assessee was given the opportunity to provide evidence to rectify the assessment order if any mistakes were found regarding the turnover tax deductions in previous years.