2012 (11) TMI 632 - HC - Income Tax

Discontinuance of business - Taxable Income - ITAT restricted the nett profit at 12.5% of receipt of Arbitration Award when it held that income had to be computed in accordance with Section 176(3A) - held that - Assessee has received a sum of Rs.1348095/- after discontinuance of business and in view of Section 176(3A) of the Act, this income is required to be added to the total income of assessee. The rate of 12.5% on this income is not the only taxable income but whole of receipt is the income to be taken into consideration and by indirect interpretation the receipt which is required to be taken into total income of the assessee under Section 176 (3A), can not be reduced to 12.5% as net taxable profit of the assessee which is contrary to the provision of Section 176(3A). Therefore, the question is answered that in the facts and circumstances of the case, the I.T.A.T. was not justified in restricting the net profit at 12.5% of receipt of money under Arbitration Award which was received after discontinuation of the business by the assessee and that income had to be computed in accordance with Section 176 (3A) of the Income Tax Act - appeal is allowed, accordingly.

Summary

Issues involved:
1. Whether the Tribunal was justified in restricting the net profit at 12.5% of the receipt of Arbitration Award under Section 176(3A) of the Income Tax Act?
2. Whether the Tribunal was justified in granting relief of Rs.10,92,050/- to the assessee?

Issue 1:
The appellant argued that the Assessing Officer (A.O.) added Rs.1348095/- to the total income of the assessee after discontinuance of business, following Section 176(3A) of the Income Tax Act, 1961. The Commissioner of Income Tax (C.I.T.) upheld this addition, and the Income Tax Appellate Tribunal (I.T.A.T.) also agreed that the amount received after business discontinuation should be added to the total income. However, the Tribunal applied a 12.5% net profit rate, which the appellant contended was contrary to Section 176(3A). The High Court held that the entire receipt should be considered as income under Section 176(3A) and not restricted to 12.5% as the taxable profit. Thus, the Tribunal was not justified in limiting the net profit at 12.5%, and the income had to be computed in accordance with Section 176(3A) of the Income Tax Act.

Issue 2:
The High Court answered this issue in line with the first issue, stating that the relief granted by the Tribunal was interconnected with the computation of income under Section 176(3A). Since the Tribunal's decision on the net profit restriction was found to be incorrect, the relief granted was also not justified. Therefore, the appeal was allowed in favor of the appellant based on the findings related to both issues.

In conclusion, the High Court held that the Tribunal erred in restricting the net profit at 12.5% of the receipt of the Arbitration Award, as the entire receipt had to be considered as income under Section 176(3A) of the Income Tax Act. The relief granted to the assessee was also found to be unjustified due to the incorrect computation of income.