2008 (1) TMI 558 - HC - Income Tax

Avoidance of tax- The assessee filed his return of income for the assessment year 1994-95. The assessing officer brought the amount transferred to M, a finance company by the assessee to tax. The Commissioner (Appeals) noticed that the money was received by the assessee to tax. The Commissioner (Appeals) noticed that the money was received by the assessee with a specific understanding that out of the income earned 45 percent. had to be shared with M and held the assessee did not adopt any colorable device. The Tribunal held that the transaction could not be treated as a colourable or sham transaction. Held that- dismissing the appeal, that the transaction between the assessee and the finance company was reflected in the returns filed by both the parties. The Revenue failed to establish the transaction as sham and colourable.

Summary

Issues:
Challenge to order passed by Income Appellate Tribunal regarding tax avoidance through profit sharing with another company.

Analysis:
The appeal before the High Court involved a challenge by the Revenue against the order passed by the Income Appellate Tribunal, Bangalore Bench. The primary issue was whether the profit sharing arrangement between the assessee, an individual conducting business, and another company constituted a colorable device to evade tax liability. The Tribunal upheld the order of the Commissioner of Income-tax (Appeals) that there was no colorable device involved in the profit-sharing agreement. The Revenue contended that the transfer of 45% of the profit to the other company was not a genuine transaction but a sham arrangement to avoid tax. However, the Tribunal found that the transaction was legitimate and dismissed the Revenue's appeal.

The assessee, operating under a specific business name, had entered into an understanding with another company, transferring 45% of the income earned to that company. The Assessing Officer initially treated this transfer as an attempt to evade tax liability and brought it to taxation. The Commissioner of Income-tax (Appeals) reversed this decision, noting that the amount received from the other company was considered seed money for the business and that the profit-sharing arrangement was part of the initial understanding. The Tribunal concurred with this view, emphasizing that the tax liability for an individual was different from that of a private limited company, and hence, the transaction was not a colorable device.

The Revenue, dissatisfied with the Tribunal's decision, argued before the High Court that the profit-sharing arrangement was not genuine and should be considered a sham transaction. They contended that the other company was not liable to share losses and that the transaction was a mere device to avoid tax. However, the respondent produced documents showing the capital investment received from the other company and argued that the Revenue had accepted the return filed by that company, indicating the legitimacy of the transaction. The High Court observed that if the Revenue failed to prove the transaction as colorable, they could not interfere with the findings of the lower authorities.

Ultimately, the High Court held that the Revenue had not established the profit-sharing arrangement as a sham or colorable transaction. As both parties had filed returns reflecting the transaction, and the Revenue had accepted the other company's return, the court dismissed the appeal in favor of the assessee. The judgment emphasized the importance of factual evidence in determining the legitimacy of transactions for tax purposes.

In conclusion, the High Court upheld the decision of the lower authorities, affirming that the profit-sharing arrangement between the assessee and the other company was not a colorable device to avoid tax liability. The court dismissed the Revenue's appeal, highlighting the need for concrete evidence to prove tax evasion through alleged sham transactions.