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Issues:
Whether the assessee was carrying on any business during the accounting year relevant to the assessment year within the meaning of section 28 of the Income-tax Act, 1961? Analysis: The case involved a reference under section 256(1) of the Income Tax Act, 1961, regarding whether the assessee, a firm constituted of two partners, was carrying on any business during the accounting year relevant to the assessment year. The partnership was formed to execute a construction contract for an aqueduct project. The construction work was completed by March/April 1961, and the profit was divided between the partners. In the subsequent accounting year, the firm sold remaining stock, incurring expenses and interest payable to partners, resulting in a net loss. The Income Tax Officer (ITO) held that the firm ceased business activities after completing the construction work, leading to a dispute on the loss claimed in the return for the assessment year 1963-64. The Appellate Assistant Commissioner (AAC) upheld the ITO's decision, stating that no business was conducted after the completion of the construction work. The firm then appealed to the Tribunal, arguing that business activities continued until the settlement of pending bills with the government and the sale of remaining construction material. However, the Tribunal rejected these contentions, considering the sale of surplus stores as part of winding up, not business operations. The Tribunal emphasized that the firm's business was limited to executing the contract, which had been completed earlier. The Tribunal's decision was based on the nature of work, partnership deed provisions, and completion of construction by April 1961. The firm's subsequent claim negotiation with the government did not imply ongoing business activity. The Tribunal's reliance on a previous case supported its conclusion that the firm ceased business after completing the contract. The High Court agreed with the Tribunal's reasoning, stating that the delayed receipt of a settlement amount did not alter the conclusion that the firm had ceased business activities. The court upheld the Tribunal's decision, ruling against the assessee and directing them to pay the costs of the reference.
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