9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (8) TMI 76 - HC - Income TaxLoss - foreign currency of Rs. 4, 56, 980 confiscated from the assessee allowablility as a loss - his subsequent detention under the COFEPOSA Act confirmed that he was treated as a smuggler and the business of the assessee was that of smuggling and therefore the foreign currency recovered from Aboobakar a co-conspirator of the assessee was the amount involved in the smuggling activity and the confiscation of the said amount was therefore business loss suffered by the assessee in conducting his business of smuggling. - The business of the assessee was smuggling of foreign currency the confiscation of foreign currency equivalent to Indian Rs. 4, 56, 000 was therefore a loss of stock-in-trade of the assessee
Issues Involved:
1. Whether the foreign currency of Rs. 4,56,980 confiscated from the assessee was allowable as a loss to the assessee. Issue-wise Detailed Analysis: 1. Facts and Background: The assessee, an individual, was apprehended by customs authorities at Bombay airport on August 8, 1981, while proceeding to Hong Kong. Foreign currency equivalent to Rs. 4,56,980 was seized from his custody. The Additional Collector of Customs confiscated the foreign currency and imposed a fine of Rs. 1,50,000 for contravening the Foreign Exchange Regulation Act. The Customs, Excise and Gold (Control) Appellate Tribunal confirmed the confiscation. The Income-tax Officer treated the amount as the assessee's income from undisclosed sources but rejected the claim for the loss suffered. 2. Tribunal's Decision: The Tribunal accepted the assessee's contention that the loss of foreign currency due to confiscation should be allowable and directed that Rs. 4,56,980 be allowed as a loss. The Revenue approached the High Court for an opinion on whether the Tribunal was correct in allowing the loss while assessing the amount as unexplained income under section 69A of the Income-tax Act, 1961. 3. Revenue's Argument: The Revenue argued that since the assessee was not carrying on the business of smuggling, the confiscated amount should not be treated as a business loss. They referenced the Andhra Pradesh High Court's decision in Bijjala Shivalingam v. CIT [2002] 253 ITR 105, which held that for an expenditure to be deductible under section 37(1), it must be laid out wholly and exclusively for business purposes. 4. Assessee's Argument: The assessee relied on the Supreme Court's decision in CIT v. Piara Singh [1980] 124 ITR 40, where it was held that confiscation of currency in the course of smuggling, which was the business of Piara Singh, was a business loss. The Tribunal found no justification for assessing the foreign currency as unexplained money under section 69A while not allowing the loss. 5. High Court's Analysis: The High Court noted that the customs authorities and subsequent detention under the COFEPOSA Act confirmed that the assessee was treated as a smuggler. The court referred to the Supreme Court's decision in Piara Singh's case, which allowed deduction of confiscated currency as a business loss in smuggling activities. The High Court distinguished this case from others where the assessee was not engaged in smuggling or denied ownership of the confiscated goods. 6. Conclusion: The High Court concluded that the assessee was engaged in smuggling, and the confiscation of foreign currency was a business loss. The Revenue's argument that the assessee was not carrying on smuggling activities was rejected based on the customs authorities' treatment and the High Court's confirmation of the assessee's involvement in smuggling. The court held that the assessee was entitled to treat the confiscated amount as a business loss and answered the question in the affirmative, in favor of the assessee and against the Revenue. Final Judgment: The High Court affirmed that the assessee shall be entitled to the benefit of treating the sum of Rs. 4,56,980 confiscated from him as a business loss. The question referred to the court was answered in the affirmative, favoring the assessee and against the Revenue.
|
