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Issues Involved:
1. Whether the tax liability undertaken by the company was assessable as profits and gains of the assessee for the relevant assessment years. 2. Whether the rejection of the books of account and resorting to the provisions of section 145 of the Income-tax Act was appropriate. 3. Whether the value of the benefit or perquisite should be limited to the actual tax due and whether grossing up was permissible. 4. Whether the benefit should be assessed to tax on receipt basis or accrual basis if the cash system of accounting was followed. Summary: Issue 1: Tax Liability as Profits and Gains The Tribunal held that the tax liability undertaken by the company was not assessable as profits and gains of the assessee for the relevant assessment years. The Tribunal reasoned that the undertaking of the company to meet the tax liability was in the nature of a benefit or perquisite contemplated in cl. (iv) of s. 28 of the Act, introduced by s. 7 of the Finance Act of 1964. For the period prior to the amendment, the benefit or perquisite was not liable to be charged to tax under the head "Profits and gains of business." Issue 2: Rejection of Books of Account The Tribunal found that the rejection of accounts was not justified and that the detailed statements filed by the Corporation could have provided appropriate material to the revenue to deduce the correct profit. The Tribunal emphasized that the ITO could have made appropriate investigations and called upon the assessee to produce further material. The Tribunal concluded that without proper examination of the statements produced by the Corporation, the Revenue was not justified in rejecting the accounts and resorting to estimates. Issue 3: Value of Benefit or Perquisite and Grossing Up The Tribunal held that the value of the benefit or perquisite which arose to the assessee by way of its tax liability having been met by the company had to be limited to the amount of actual tax due, and grossing up was not permissible under the provisions of the Income-tax Act. The Tribunal reasoned that the arrangement between the Corporation and the company did not admit of a system of tax-on-tax, and the benefit should be limited to the actual tax liability. Issue 4: Assessment on Receipt Basis vs. Accrual Basis The Tribunal directed that if the Corporation had followed the cash system of accounting, the benefit should be assessed to tax on receipt basis and not on accrual basis. The Tribunal noted that the tax liability accrued during the previous years but its receipt and payment were subsequently made. The Tribunal restored this point to the file of the ITO for examination and decision in accordance with the law, after giving the assessee a reasonable opportunity of being heard. Conclusion: The High Court agreed with the Tribunal's findings and conclusions on all issues. The court held that the tax liability undertaken by the company was not assessable as profits and gains of the assessee for the relevant assessment years, the rejection of the books of account was not appropriate, the value of the benefit or perquisite should be limited to the actual tax due without grossing up, and the benefit should be assessed to tax on receipt basis if the cash system of accounting was followed. The court did not award costs as the company defending the case was wholly owned by the Union of India.
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