1980 (2) TMI 67 - HC - Income Tax

Accounting Year, Export Business, Import Entitlements, Mercantile System, Previous Year, Set Off

Summary

Issues:
1. Allowance of business loss in export of cycle parts for assessment year 1972-73.

Analysis:
The case involved the assessment of a firm engaged in the sale of cycle and cycle parts for the assessment year 1972-73. The firm had incurred a loss of Rs. 38,673 in the export business during the previous year ending on 31st March, 1971, which was carried forward to the balance sheet. In the subsequent year ending on 31st March, 1972, the firm incurred a total loss of Rs. 49,278, including the previous year's loss. The firm claimed the entire amount as a loss from business in export for the assessment year 1972-73. However, the Income Tax Officer (ITO) disallowed the claim, stating that the loss could not be transferred to the profit and loss account due to pending import entitlements against the exports received after the previous year. The Appellate Authority Commission (AAC) also dismissed the first appeal filed by the firm.

The firm then filed a second appeal before the Income-tax Appellate Tribunal, which was accepted. The Tribunal held that the loss could be claimed as a business loss for the assessment year 1972-73, as the import entitlements were received during that year. The Tribunal referred to a judgment of the Allahabad High Court to support its decision. The High Court, after considering the material on record, agreed with the Tribunal's findings. It noted that in the mercantile system of accounts, a loss becomes deductible when it accrues, provided it is an ascertained liability. In this case, since the import licenses were received after the previous year, the firm could not ascertain the loss until the subsequent year. The High Court also distinguished various other judgments cited by the parties, stating that they were not applicable to the present case.

Ultimately, the High Court ruled in favor of the assessee, allowing the set off of the loss of Rs. 32,118 in the export of cycle parts for the assessment year 1972-73. The court emphasized that the loss was not ascertainable in the previous year due to the timing of receiving import licenses, supporting its decision with legal precedents.