1973 (4) TMI 19 - HC - Income Tax

Assessee-company was formerly carrying on the business of supply electricity at various places in Madras State. The business was taken over by the Madras Electricity Board under the Madras Electricity Undertakings Acquisition Act 1954 with effect from June 1 1957. As from this date the assessee-company ceased its business of aupplying electricity and did not deprive any income from the business as such - It carried on no business but it had some interest income which was assessed under the head other sources - Whether expenses relating to establishment salaries remuneration and travelling of directors etc. can be treated as having been incurred solely for earning the income and whether the Income-tax Officer would be justified in estimating portion of the expenses as attributable to earning the income

Summary

Issues Involved:
1. Whether the assessee-company was carrying on any business during the assessment years under reference.
2. Whether the entire expenditure claimed by the assessee is allowable under section 12(2) of the Indian Income-tax Act, 1922, and section 57(iii) of the Income-tax Act, 1961.
3. Reasonableness of the estimate of expenditure at 10% of the income for the purpose of earning the income.

Issue-wise Detailed Analysis:

1. Whether the assessee-company was carrying on any business during the assessment years under reference:
The assessee-company was engaged in the business of supplying electricity, which was taken over by the Madras Electricity Board effective June 1, 1957. Post this date, the company ceased its business activities and did not derive any business income. The assessee argued that it intended to start a new business and maintained an establishment for this purpose. However, the Tribunal confirmed that the assessee neither carried on any business nor intended to carry on any business during the relevant period, thereby disallowing the expenditure under section 10(2)(xv) of the Indian Income-tax Act, 1922.

2. Whether the entire expenditure claimed by the assessee is allowable under section 12(2) of the Indian Income-tax Act, 1922, and section 57(iii) of the Income-tax Act, 1961:
The assessee claimed allowances for various expenses such as establishment, salaries, rent, sitting fees, and travelling expenses of directors. The Income-tax Officer disallowed most of these expenses, estimating the allowable expenses at 10% of the receipts. The Appellate Assistant Commissioner and the Tribunal upheld this decision, noting that the expenses were not incurred wholly for earning the income assessed under "Income from other sources," which included interest from fixed deposits and compensation from the Government. The Tribunal observed that the income from share transfer fees and interest did not necessitate maintaining a large establishment or incurring heavy expenditure. The court concluded that the expenses were too remote to be considered incurred solely for earning the interest income, thus not allowable under section 12(2) of the Act.

3. Reasonableness of the estimate of expenditure at 10% of the income for the purpose of earning the income:
The Tribunal and the Appellate Assistant Commissioner estimated the allowable expenditure at 10% of the income, considering the nature of the income and the lack of evidence from the assessee to justify a higher allowance. The court noted that the assessee did not provide material evidence to show entitlement to a larger allowance. The court upheld the estimate of 10% as reasonable, emphasizing that the expenditure incurred for earning the interest income was minimal and did not justify a higher percentage.

Conclusion:
The court answered the referred question in the negative and against the assessee. The entire expenditure claimed by the assessee was not allowable under section 12(2) of the Indian Income-tax Act, 1922, or section 57(iii) of the Income-tax Act, 1961. The estimate of expenditure at 10% of the income was deemed reasonable. The respondent was entitled to costs, with counsel's fee fixed at Rs. 250.