2015 (5) TMI 188 - HC - Income Tax

Taxability of Receipt of fees after Discontinuation of legal profession after being elevated to the post of Judge of High Court - whether amount received taxable under the head 'Income from business or professions'? - assessee received certain outstanding dues from his past clients - Held that - Perusing the records of the case/s, we are unable to persuade ourselves to take a different view than that which is taken by the Tribunal to hold that Section 176(4) of the Act does not contain any deeming provision which treats such receipts as as incomplete and which would fall within the head Provisions 'Gains of Business Profits or vocation and it cannot be taxed as income from other sources under Section 176 of the Act. Following the decision in the cases of CIT vs. Justice R.M. Datta of Calcutta High Court 1989 (7) TMI 59 - CALCUTTA High Court the provisions pertaining to chargeing Section if they cannot apply, such a case was not intended to fall within the charging section. - Decided in favour of assessee.

Issues Involved:
1. Taxability of professional fees received after discontinuation of the legal profession under Section 176(4) of the Income Tax Act, 1961.
2. Interpretation of Section 176(4) and its application to amounts received post-discontinuation of the profession.
3. Whether the Income Tax Appellate Tribunal's (ITAT) decision was correct in law and on facts.

Issue-wise Detailed Analysis:

1. Taxability of Professional Fees Received After Discontinuation of Legal Profession:

The primary issue was whether the professional fees received by the assessee, who was a sitting judge and had discontinued his legal profession, were taxable under Section 176(4) of the Income Tax Act, 1961. The assessee received Rs. 4,52,277 for the assessment year (A.Y.) 1996-97 and Rs. 13,93,630 for A.Y. 1998-99 from past clients after discontinuing his legal profession. The assessee claimed these amounts as non-taxable, relying on precedents like CIT vs. Justice R.M. Dutta and Justice Kuldeep Singh vs. ITO.

The Assessing Officer (AO) distinguished these cases and relied on V. Pattabhiraman v. Addl. CIT, concluding that the amounts were taxable under 'Income from business or professions' as per Section 176(4). The Commissioner of Income Tax (Appeals) [CIT(A)] and the ITAT, however, disagreed with the AO, holding that the amounts were not taxable.

2. Interpretation of Section 176(4) and Its Application:

Section 176(4) of the Income Tax Act states that any sum received after discontinuation of a profession shall be deemed income of the recipient and charged to tax if it would have been included in total income had it been received before discontinuation. The AO argued that the legislative intent behind Section 176(4) was to tax such receipts. However, the CIT(A) and ITAT interpreted the section differently, relying on judicial precedents that favored the assessee.

The CIT(A) and ITAT referred to the decision of the Calcutta High Court in the case of Justice R.M. Dutta and the ITAT Chandigarh Bench in Justice Kuldeep Singh vs. ITO, which held that arrears of professional receipts received after discontinuation of the profession were not taxable. The CIT(A) emphasized that if a taxing provision is ambiguous, the interpretation beneficial to the taxpayer should be adopted.

3. ITAT's Decision and Its Legal Validity:

The ITAT upheld the CIT(A)'s decision, stating that the amounts received by the assessee were not taxable under Section 176(4). The Tribunal noted that the AO had not adequately considered the judicial precedents favoring the assessee. The Tribunal also referred to the Delhi High Court's decision in Commissioner of Income Tax vs. Justice Rajiv Shakdher, which supported the view that such receipts were not intended to fall within the charging section.

The High Court, upon reviewing the records and hearing the arguments, agreed with the Tribunal's interpretation. The Court held that Section 176(4) did not contain any deeming provision treating such receipts as taxable under 'Gains of Business Profits or vocation' and could not be taxed as income from other sources.

Conclusion:

The High Court concluded that the ITAT was correct in law and on facts in holding that the professional fees received by the assessee after his elevation to the post of Judge were not taxable under Section 4 read with Section 176(4) of the Income Tax Act, 1961. The question of law was answered in favor of the assessee, affirming that the amounts received post-discontinuation of the legal profession were not taxable.

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