2013 (7) TMI 229 - HC - Income Tax

Determination of income u/s 44AC - Tribunal directed the AO to excluse Nirgam Mulya from the purchase price - country liquor contractor - Held that - provision of section 44AC do not dispense with the regular assessment in accordance with sections 28 to 43C of the Act. It has further been held that section 44AC is a valid piece of legislation and is in adjunct to and explanatory to section 206C of the Act. - questions raised by the Department are academic in nature as the income has been calculated as per sections 28 to 43 of the Act - Decided against Revenue.

Summary

Issues involved:
1. Interpretation of section 44AC of the Income Tax Act regarding the inclusion of 'Nirgam Mulya' in the purchase price for income computation.
2. Determination of whether 'Nirgam Mulya' is part of bid money and should be excluded from the purchase price for section 44AC purposes.

Analysis:

Issue 1:
The case involved a country liquor contractor whose income assessment for the year 1990-91 was under scrutiny by the Assessing Officer under section 143(3) of the Income Tax Act. The Assessing Officer questioned the inclusion of 'Nirgam Mulya' amounting to Rs. 38,37,683 in the purchase price for income computation under section 44AC. The assessee contended that 'Nirgam Mulya' should not be considered part of the purchase price for section 44AC purposes. The Income Tax Appellate Tribunal upheld the assessee's argument, stating that 'Nirgam Mulya' is part of bid money and should not be included in the purchase price for section 44AC calculations.

Issue 2:
A significant ruling cited during the proceedings was from a Division Bench of the court in a previous case, Commissioner of Income Tax vs. Shanta Prasad Resham Singh. The court clarified that section 44AC does not eliminate the need for regular assessment as per sections 28 to 43C of the Income Tax Act. It was emphasized that section 44AC is a valid legislative provision that complements and explains section 206C of the Act. The judgment highlighted the necessity of calculating the assessee's income under section 143(3) of the Income Tax Act, emphasizing adherence to the provisions from sections 28 to 43 for accurate income determination.

In conclusion, the court dismissed the appeal raised by the Department, deeming the questions raised as academic due to the income already being calculated in accordance with sections 28 to 43 of the Income Tax Act. The judgment reinforced the validity and applicability of section 44AC in conjunction with other relevant sections for income assessment, ultimately upholding the decision to exclude 'Nirgam Mulya' from the purchase price for section 44AC computations.