1978 (3) TMI 24 - HC - Income Tax

Summary

Issues involved: The judgment involves the question of whether the loss in the purchase and sale of Government bonds by a private limited company engaged in bus transport business is allowable as a deduction under section 37(1) of the Income Tax Act, 1961.

Summary:
The assessee, a private limited company in the bus transport business, claimed a deduction for a loss incurred in the purchase and sale of Government bonds during the relevant accounting year. The taxing officer disallowed the deduction, stating it was a capital loss not related to the business. The AAC and the Tribunal also initially disallowed the deduction. However, the Tribunal eventually allowed the deduction, considering it was incurred while trying to discharge obligations in accordance with accepted commercial practice in the business.

The judgment referred to various legal precedents to determine the scope of "for the purpose of the business." It highlighted cases where losses due to dacoity, embezzlement, and other business-related activities were considered deductible. The judgment emphasized that the expenditure should be incurred wholly and exclusively for the purpose of the business and should not be in the nature of capital expenditure.

In a similar case, the Madhya Pradesh High Court allowed a deduction for losses incurred by an assessee who subscribed to Government bonds at the instance of road transport authorities. The court noted the pressure or compulsion faced by the assessee to comply with the authorities and found the expenditure to be wholly and exclusively laid out for the purpose of the business.

In the present case, the High Court of Madras upheld the Tribunal's decision, stating that the loss in the purchase and sale of Government bonds was allowable as a deduction under section 37(1) of the Income Tax Act. The court found that the assessee was obliged to sell the bonds to prevent further loss, and the transaction was in line with accepted commercial practice in the business. The judgment ruled in favor of the assessee, allowing the deduction and awarding costs.

In conclusion, the judgment affirmed that the loss in the purchase and sale of Government bonds by the bus transport company was incidental to carrying on the business, making it an allowable deduction under the Income Tax Act.