1966 (1) TMI 6 - HC - Income Tax

Whether the benefits not convertible into money received by the assessee as a shareholder of a company, Ashok Marketing Ltd., will be assessable during the two years as income chargeable u/s 12 of the Income-tax Act, 1922 - held that value of the benefits received by the assessee from the A Ltd., which were not convertible into money, did not constitute income chargeable u/s 12

Summary

Issues:
Assessment of benefits not convertible into money received by a shareholder as income chargeable under section 12 of the Income-tax Act, 1922.

Analysis:
The judgment pertains to two references under section 66(1) of the Indian Income-tax Act concerning the assessment years 1951-52 and 1952-53. The issue revolves around benefits received by the assessee, a majority shareholder of a company, Ashok Marketing Ltd., which were not convertible into money. The Income-tax Officer treated these benefits as "constructive income" and added them to the assessed income of the assessee. However, the Appellate Assistant Commissioner and the Tribunal held that such non-convertible benefits cannot be taxed as income in the hands of the assessee.

The judgment delves into the amendment made in 1955, specifically section 2(6C) of the Act, which broadened the definition of income to include non-convertible benefits obtained from a company by a person with a substantial interest in the company. Despite this amendment, the Court notes that the assessment years in question predate the amendment. Therefore, the Court analyzes whether, under the pre-amendment definition of income, non-convertible benefits could be considered as "constructive income." The Court concludes that prior to the amendment, such benefits were not within the taxable ambit as defined by the Act.

Furthermore, the Court distinguishes the present case from Lady Miller v. Commissioners of Inland Revenue, where a widow was held liable for tax on benefits she received, as those benefits were enforceable in law and convertible into money. In contrast, the benefits in the current case could not be enforced against the company and were not convertible into money. The Court emphasizes that until the definition of income was expanded through the amendment, non-convertible benefits like those received by the assessee remained outside the scope of taxable income.

In conclusion, the Court holds that the benefits received by the assessee from Ashok Marketing Ltd., which were not convertible into money, do not constitute "income" chargeable under section 12 of the Income-tax Act, 1922. The reference is disposed of accordingly, and the Court awards a consolidated hearing fee to the opposite party. The question is answered in the negative.