1972 (7) TMI 19 - HC - Income Tax

Whether, on the facts and in the circumstances of the case, the assessee was entitled to development rebate on the four new buses put on road after December 31, 1957 - Whether creation of reserve for the purpose of development rebate by debiting profit and loss account can be made at any time

Summary

Issues:
- Entitlement to development rebate on new buses put on road after December 31, 1957.
- Compliance with conditions under section 10(2)(vib) of the Income-tax Act, 1961 for claiming development rebate.

Analysis:
The judgment pertains to a dispute regarding the entitlement of an assessee, a registered firm engaged in various businesses including bus service, to claim development rebate on four new buses put on the road after December 31, 1957. The Income-tax Officer rejected the claim on the grounds that the buses cannot be "installed" within the meaning of section 10(2)(vib) of the Income-tax Act, 1922. The Appellate Assistant Commissioner allowed the claim, stating that the necessary debiting and crediting of accounts had been done before the appeal stage. However, the Tribunal held that the reserve must be created before the completion of assessment to comply with the proviso to section 10(2)(vib). The Tribunal also relied on a previous court decision in a similar matter.

In the reference, the assessee argued that the creation of the development rebate reserve was not time-bound as per the proviso to section 10(2)(vib). However, the court emphasized that the debiting and crediting of accounts should be done when the profit and loss account is made or finalized. The court highlighted that compliance with conditions under section 10(2)(vib) is crucial before claiming the benefit, as it is a concession subject to strict fulfillment of conditions. The court referred to a previous case where it was held that the reserve creation is a prerequisite for claiming the development rebate.

The court concluded that the creation of the reserve fund at the time of making up the profit and loss account is essential for obtaining the development rebate allowance. It cited previous decisions to support this stance. Ultimately, the reference was answered in the negative against the assessee, with costs awarded to the opposing party. The court's decision was based on the requirement of complying with the statutory conditions before claiming the development rebate, emphasizing the importance of timely creation of the reserve fund as mandated by the law.