1971 (2) TMI 33 - HC - Income Tax

Whether Tribunal was justified in holding that the assessee was not entitled to the relief under section 25(4) in the year 1949-50 Held, yes - Whether, Tribunal was right in holding that the succession took place on October 12, 1948, and, consequently, the benefit of section 25(4) could be availed of only in the year 1950-51 Held, yes - Whether Tribunal was right in holding that the sum of Rs. 4,810 was rightly taxed and as profit under section 10(2)(vii), second proviso, of the Indian Income-tax Act, 1922 Held, no

Summary

Issues:
1. Entitlement to relief under section 25(4) for the assessment year 1949-50.
2. Date of succession and availability of benefit under section 25(4) for the assessment year 1950-51.
3. Taxation of profit under section 10(2)(vii) on the sale of a truck.

Analysis:

Issue 1: Entitlement to relief under section 25(4) for the assessment year 1949-50
The case involved a Hindu undivided family carrying on business assessed under the Indian Income-tax Act, 1918. The Tribunal established that a partial partition in the family occurred on October 11, 1948, with businesses divided and a partnership firm constituted on October 12, 1948. The Tribunal, following precedents, determined that relief under section 25(4) could only be claimed for the assessment year pertaining to the accounting period of succession. As the succession took place on October 12, 1948, the benefit was deemed applicable for the assessment year 1950-51. The High Court affirmed this decision based on legal principles and upheld the Tribunal's finding, citing relevant case law.

Issue 2: Date of succession and availability of benefit under section 25(4) for the assessment year 1950-51
The Tribunal conclusively established that the succession occurred on October 12, 1948, marking the commencement of the previous year for the assessment year 1950-51. As per legal interpretation and precedents, any relief under section 25(4) could only be availed in the assessment year corresponding to the accounting period of succession. The High Court concurred with the Tribunal's finding, emphasizing the correct application of the law in determining the entitlement to benefits under section 25(4.

Issue 3: Taxation of profit under section 10(2)(vii) on the sale of a truck
The case involved the sale of a truck by the assessee's branch business, with the Income-tax Officer treating a sum as profit under section 10(2)(vii). The Tribunal rejected the assessee's contention that the second proviso to section 10(2)(vii) was inapplicable due to the absence of depreciation post-purchase. Upon detailed examination of the truck's purchase and sale details, including depreciation and surplus analysis, the High Court determined that since no depreciation was allowed after the truck's purchase, the second proviso to section 10(2)(vii) could not be invoked. Consequently, the third question was answered in the negative, affirming the Tribunal's decision.

In conclusion, the High Court upheld the Tribunal's findings on all three issues, emphasizing the correct application of relevant tax provisions and legal precedents in determining the tax liabilities and benefits for the respective assessment years.