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Issues Involved:
1. Whether the amount received by the assessee as a shareholder on liquidation of the company was a transfer of capital asset within the meaning of section 2(47) of the Income-tax Act, 1961. 2. Whether Rs. 48,335 was rightly included as capital gains in the total income of the assessee under section 46 read with sections 48 and 49 of the Income-tax Act, 1961. Detailed Analysis: Issue 1: Transfer of Capital Asset The primary issue was whether the amount received by the assessee as a shareholder on liquidation of the company constituted a transfer of capital asset under section 2(47) of the Income-tax Act, 1961. The Tribunal relied on a precedent set by the Gujarat High Court in Commissioner of Income-tax v. R. M. Amin, which held that there was no transfer of any capital asset within the meaning of section 45 read with section 2(47) when the assessee received his share of the property on distribution by the voluntary liquidator of the company. The Tribunal concluded that the Income-tax Officer was wrong in including the sum of Rs. 48,335 as capital gains. The High Court upheld this view, stating that the distribution of assets on liquidation does not amount to a transfer of capital asset, thus answering the first question in the negative, in favor of the assessee and against the revenue. Issue 2: Inclusion of Rs. 48,335 as Capital Gains The second issue was whether the sum of Rs. 48,335 was rightly included as capital gains in the total income of the assessee under section 46 read with sections 48 and 49 of the Income-tax Act, 1961. The High Court noted that the assets received by a shareholder from a company in liquidation are chargeable to income-tax as capital gains under section 46(2) of the Act and not under section 45. The method of computation of the quantum of capital gain is indicated in sections 46(2), 48, and 49. The Income-tax Officer had determined the market value of the property at Rs. 4,50,000, and the assessee's share was valued at Rs. 73,235. After deducting the value as of January 1, 1954 (Rs. 1,53,000), the capital gain was calculated to be Rs. 48,335. The Appellate Assistant Commissioner and the Tribunal had different views on the applicability of section 52, but the High Court clarified that section 46(2) was the relevant provision. The High Court reframed the question to determine whether the sum of Rs. 48,335 could be rightly included in the capital gain of the assessee under section 46 read with sections 48 and 49. The Court held that the Income-tax Officer was within his rights to determine the market value of the assets received by the shareholder on liquidation and that the computation of the income chargeable under the head "Capital gains" was correctly done by deducting the cost of acquisition as on January 1, 1954, from the market value on the date of distribution. The High Court concluded that the sum of Rs. 48,335 was rightly included by the Income-tax Officer as capital gains in the total income of the assessee and upheld the inclusion under section 46(2) read with sections 48 and 49 of the Act. Conclusion: The High Court answered the first question in the negative, stating that the distribution of assets on liquidation does not constitute a transfer of capital asset. For the second question, the Court affirmed the inclusion of Rs. 48,335 as capital gains in the total income of the assessee, upholding the computation under section 46(2) read with sections 48 and 49 of the Income-tax Act, 1961. The assessee was ordered to pay the costs of the reference.
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