1997 (12) TMI 13 - SC - Income Tax

Whether, on the facts and in the circumstances of the case, income of the assessee received from the managing contractor was income from business - Tribunal came to the conclusion that the assessee was carrying on its business through its agent, the managing contractor - that finding of fact was not challenged - Full Bench entirely overlooked the findings of fact made by the Tribunal in coming to its decision in this case - hence it was erroneous - appeal of assessee is allowed

Summary

Issues:
- Determination of whether income received from a managing contractor constitutes income from business.
- Interpretation of the legal relationship between a principal and an agent in a business context.
- Review of previous judgments and their applicability to the current case.

Analysis:
The case involved an appeal against a decision of the Full Bench of the Patna High Court regarding the assessment years 1967-68, 1968-69, and 1969-70. The primary question was whether income received from a managing contractor should be classified as income from business. The Tribunal found that the relationship between the assessee and the managing contractor was that of a principal and agent, with the assessee carrying on its business through the contractor. The Tribunal concluded that the income fell within the scope of "income from business" and not "income from other sources."

Upon reference, the High Court upheld the Tribunal's findings, emphasizing that each case must be decided based on its unique facts and document interpretation. The High Court highlighted a previous judgment where the intention to part with business assets for rental income was crucial. The Revenue did not challenge this decision further.

Subsequently, the same issue arose for the assessment years 1967-68, 1968-69, and 1969-70. The Appellate Assistant Commissioner ruled in favor of the assessee, and the Tribunal reaffirmed its earlier decision. However, a Full Bench concluded that the previous judgment by the Division Bench was erroneous, disagreeing with several other High Court decisions, including one affirmed by the Supreme Court.

The Supreme Court, after analyzing the facts and the Tribunal's findings, held that the Full Bench's decision was erroneous. The Court emphasized that the Tribunal's finding regarding the business relationship between the assessee and the managing contractor was not challenged before the High Court. Therefore, the Court allowed the appeals, setting aside the judgment under appeal without costs.