1979 (8) TMI 44 - HC - Income Tax

Summary

Issues:
1. Admissibility of interest payments on arrears of cane price and purchase tax as deductions in total income.
2. Admissibility of payment of guarantee commission to directors and shareholders.
3. Justification of allowing consequential relief in surtax assessment.

Analysis:
1. The High Court addressed the first issue by referring to previous decisions. It stated that interest paid on arrears of purchase tax was covered by a previous court decision. Similarly, interest paid on arrears of cane price was also covered by a Full Bench decision. The court relied on these precedents to conclude that both types of interest payments were admissible as deductions in the computation of total income.

2. Regarding the admissibility of guarantee commission paid to directors and shareholders, the Tribunal had allowed the entire amount as a deduction. The court noted the Tribunal's findings, emphasizing that the payment was not influenced by extra-commercial considerations and met the requirements of the law. Despite a decrease in liability to the bank, the court upheld the allowance of the guarantee commission based on the necessity for securing loans and the sureties provided by directors and shareholders.

3. The court connected the relief granted in the surtax assessment to the answers provided for the first two questions. Since the interest payments and guarantee commission were found to be admissible deductions, the consequential relief in the surtax assessment should align with these findings. Therefore, the court answered the first question negatively, the second question affirmatively, and directed that surtax relief consequential to these answers should be granted. The judgment concluded by stating that due to the partial success of both parties, no costs were awarded.