1972 (8) TMI 37 - HC - Income Tax

Whether interest on compensation amount paid for a number of years in one lumpsum accrues in each year and whether is assessable in that year - assessing officer was of the view that the interest of Rs. 16,460 was in fact liable to be assessed during the year. The assessee disputed the liability of taxation in respect of the total amount of interest during the year on the basis that the said amount did not accrue due during the year and as such there should be no assessment in respect of the entire amount - Whether, on the facts and circumstances of the case, the income-tax authorities were justified in including the sum of Rs. 16,460 on receipt basis? - Our answer to the question referred to us, therefore, shall be that in the facts and circumstances of the case, the income-tax authorities were not justified in including the sum of Rs. 16,460 on receipt basis for the assessment year 1961-62

Issues Involved:
1. Justification of including the sum of Rs. 16,460 on receipt basis by the income-tax authorities.
2. Determination of when the interest accrued to the assessee.
3. Applicability of the accrual method versus the receipt method for interest income.
4. Relevance of the method of accounting in assessing the interest income.
5. Legal precedents and their applicability to the case.

Detailed Analysis:

1. Justification of Including the Sum of Rs. 16,460 on Receipt Basis by the Income-tax Authorities
The primary question referred to the court was whether the income-tax authorities were justified in including the sum of Rs. 16,460 on a receipt basis for the assessment year 1961-62. The court examined the facts which involved the acquisition of lands by the State of Orissa and the subsequent compensation, including interest, paid to the assessee. The assessee argued that the entire amount of interest did not accrue during the assessment year 1961-62 and should not be assessed in its entirety for that year. The court concluded that the income-tax authorities were not justified in including the entire amount of Rs. 16,460 on a receipt basis for the assessment year 1961-62.

2. Determination of When the Interest Accrued to the Assessee
The court analyzed when the interest accrued to the assessee, referencing the legal position that income accrues when the right to receive it becomes vested in the assessee. The court noted that the right to receive interest under the Land Acquisition Act is based on the deprivation of possession and the delay in payment of compensation. The right to receive interest was absolute and not contingent, although the amount awaited quantification. The court held that the interest accrued during the intervening years between dispossession and payment of compensation.

3. Applicability of the Accrual Method versus the Receipt Method for Interest Income
The court discussed the difference between the accrual method and the receipt method. The assessee argued for the accrual method, where interest income is recognized as it accrues, rather than when it is received. The court supported this view, stating that the right to receive interest accrued each year from the date of dispossession until the payment of compensation. The court referenced several legal precedents, including the Supreme Court's decisions, to support the principle that income accrues when the right to receive it is established, not necessarily when it is received.

4. Relevance of the Method of Accounting in Assessing the Interest Income
The court noted that the assessee did not maintain any books of account, which was not required by law in this case. The revenue's argument that the assessee could not choose the accrual method because he had not maintained accounts was rejected. The court emphasized that the absence of accounts did not preclude the application of the accrual method for determining the taxable interest income.

5. Legal Precedents and Their Applicability to the Case
The court referenced several legal precedents to support its decision. It cited the Supreme Court's rulings in cases such as Satinder Singh v. Umrao Singh and Dr. Sham Lal Narula v. Commissioner of Income-tax, which established that interest on compensation is taxable as income and accrues over the period between dispossession and payment. The court also referred to the decisions of the Mysore High Court and the Punjab and Haryana High Court, which supported the principle of apportioning interest income over the relevant years. These precedents reinforced the court's conclusion that the entire interest amount should not be taxed in a single year based on receipt.

Conclusion
The court concluded that the income-tax authorities were not justified in including the sum of Rs. 16,460 on a receipt basis for the assessment year 1961-62. The interest income should be apportioned over the years it accrued, reflecting the period between dispossession and payment of compensation. The assessee was entitled to have the interest income assessed on an accrual basis, consistent with the legal principles and precedents cited. The assessee was awarded costs, with the hearing fee assessed at Rs. 200.

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