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Issues Involved:
1. Nature of the transaction between the assessee and the Punjab Government (agency vs. sale). 2. Eligibility for exemption under Section 81(i)(d) of the Income-tax Act, 1961. 3. Allowability of entire expenses claimed by the assessee against taxable income. Issue-wise Detailed Analysis: 1. Nature of the Transaction: The primary issue was whether the transaction between the assessee (a co-operative society) and the Punjab Government was one of agency or sale. The agreement dated April 1, 1960, specified that the assessee was appointed as the sole distributor of fertilizers in Punjab. The Tribunal and the High Court examined the terms of the agreement extensively, noting clauses that indicated the assessee acted as an agent rather than a purchaser. Significant clauses included: - Clause 14: The assessee was required to store and sell fertilizers on behalf of the Government and deposit the pool price into the Government Treasury. - Clause 15: The assessee had to credit the pool price regardless of whether it received payment from sub-agents. - Clause 20: The assessee was liable for losses and costs incurred by the Government due to breaches of the agreement. The court concluded that the title to the goods never passed to the assessee, establishing an agency relationship. 2. Eligibility for Exemption under Section 81(i)(d): The assessee claimed exemption under Section 81(i)(d) of the Income-tax Act, arguing that the income from the sale of fertilizers should be exempt as it was engaged in purchasing agricultural implements for its members. However, the Tribunal and the High Court held that since the assessee acted as an agent and not a purchaser, the income from the distribution of fertilizers was not exempt under Section 81(i)(d). The court emphasized that the true nature of the transaction, as reflected in the agreement, was crucial in determining the eligibility for exemption. 3. Allowability of Entire Expenses Claimed by the Assessee: The assessee contended that it should be allowed to deduct the entire expenses incurred in its business activities. The Tribunal allowed the entire expenses, rejecting the approach of apportioning expenses between taxable and non-taxable income. The High Court upheld this decision, referencing Supreme Court judgments that supported the principle that if the business is indivisible, the entire expenditure should be allowed. The court noted that the assessee's business activities were indivisible, and therefore, the entire expenses incurred were allowable against the taxable income. Conclusion: The High Court affirmed the Tribunal's findings that the assessee acted as an agent of the Punjab Government, and thus, the income from the distribution of fertilizers was not exempt under Section 81(i)(d). Additionally, the court upheld the Tribunal's decision to allow the entire expenses claimed by the assessee against its taxable income. The court's analysis relied heavily on the terms of the agreement and established legal principles regarding agency and the allowability of business expenses.
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