1982 (10) TMI 69 - AT - Income Tax

Summary

Issues: Appeal against allowing business loss claimed by the assessee.

Analysis:
The appeal by the revenue was directed against the order of the Commissioner of Income Tax (A) where the business loss claimed by the assessee was allowed. The Income Tax Officer noted that the assessee had not commenced any business during the year and disallowed the claim, resulting in a nil assessment. The assessee contended before the CIT(A) that their business involved buying, developing properties, construction, selling flats, and other related activities. The CIT(A) found the assessee's submissions to be correct after examining the balance sheet, which showed capital, loans, assets, and transactions indicating business activities. The CIT(A) directed the ITO to assess the loss of the assessee at Rs. 23,622.

The Department appealed, arguing that no business was started by the assessee during the year, as admitted by the assessee itself. They contended that activities like payment of lease rent, taxes, and interest do not constitute business activities. The Department urged that the CIT(A) erred in accepting the submissions without proper verification and requested to reverse the decision and restore that of the ITO. On the other hand, the assessee's counsel supported the CIT(A)'s order, emphasizing that the business involved various activities beyond construction work, such as acquiring assets and booking flats.

After considering the arguments from both sides and reviewing the documents, the Tribunal found no substance in the Department's appeal. They agreed with the CIT(A)'s findings that the assessee had indeed started the business during the year, and the loss should be assessed accordingly. The Tribunal concluded that no interference was warranted with the CIT(A)'s order, ultimately dismissing the departmental appeal.