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Issues involved: Interpretation of whether penalty levied under s. 271(1)(a) of the Income Tax Act is deductible under r. 2(i) of the First Schedule to the Super Profits Tax Act, 1963.
Summary: The case involved the assessment of M/s. Soma Sundarams (Private) Ltd. for the year 1963-64 under the Super Profits Tax Act, 1963. The main issue was whether penalties levied under the Income Tax Act were deductible while determining chargeable profits under the Super Profits Tax Act. The Income Tax Officer rejected the claim for deduction of penalties, which was upheld by the Appellate Assistant Commissioner and the Tribunal. The question referred to the High Court was whether the penalties were deductible under the relevant provisions. The court analyzed the definitions and provisions of the Super Profits Tax Act and the Income Tax Act. It was argued that the penalty payable under s. 271(1)(a) of the Income Tax Act should be considered as income tax and hence deductible under the Super Profits Tax Act. However, the court referred to previous Supreme Court decisions which clarified that penalties, interest, and fines under the Income Tax Act are not the same as income tax. The court emphasized that when the language of a statute is clear, courts cannot interpret it differently. Therefore, the High Court held that penalties payable under s. 271(1)(a) of the Income Tax Act are not deductible under r. 2(i) of the First Schedule to the Super Profits Tax Act. The question was answered in the affirmative in favor of the department.
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