9911796707
|
Home
Issues:
1. Taxability of profit from business arising from the assignment of a decree. Analysis: The case involved an assessee who, being a pawn-broker, obtained an assignment of a decree for Rs. 8,000 for a consideration of Rs. 4,000. Subsequently, the assessee purchased house property from the judgment-debtor for Rs. 21,500, with Rs. 8,000 from the decree being set off as part payment. The Income-tax Officer treated the profit of Rs. 4,000 from the assignment of the decree as business profit. The Appellate Assistant Commissioner and the Tribunal upheld this view, considering the transaction as a business venture. The main question was whether the profit of Rs. 4,000 realized from the assignment of the decree was taxable as profit from business. The High Court held that the difference of Rs. 4,000 between the value of the decree and the consideration paid for the assignment constituted a profit made by the assessee in the course of business. It was noted that the intention of the assessee in purchasing the decree was to execute it and realize the amount due. The court emphasized that even if the assessee was able to purchase the property without executing the decree, it did not alter the nature of the transaction as a business venture. The court relied on a previous decision where a similar situation was deemed an adventure in the nature of trade. The court also referenced a judgment from the Andhra Pradesh High Court which supported the view that such transactions were akin to loaning out money with the intention of making a profit, thus constituting an adventure in the nature of trade. Therefore, the court concluded that the profit made by the assessee was liable to be assessed as business profit. The reference was answered in the affirmative against the assessee, with costs imposed.
|
