2015 (12) TMI 624 - HC - Income Tax

Chargeable income u/s 29 - whether once the claim of the appellant as business of accommodation entries is accepted, then the charge has to be computed in accordance with the integrated scheme of taxation of Income Tax Act, 1961? - Held that - As decided in Commissioner of Income-tax Versus Kap Scan and Diagnostic Centre P. Ltd. 2012 (6) TMI 620 - Punjab and Haryana High Court assessee would not be entitled to deduction of payments made in contravention of law. Similarly, payments which are opposed to public policy being in the nature of unlawful consideration cannot equally be recognized. Disallowance of the claims made by certain assessees in respect of payments on account of protection money, extortion, hafta, bribes, etc., as business expenditure. It is well decided that unlawful expenditure is not an allowable deduction in computation of income. Further, the addition had been made to the total income under Sections 68 and 69 of the Act as the cash was found credited in the books of account of the assessee and had been invested in the bank account of the assessee. In such circumstances, no fault can be found with the orders of the Assessing Officer, the CIT(A) and the Tribunal which may warrant interference by this Court. - Decided against assessee.

Summary

Issues:
Delay in refiling the appeal, substantial questions of law related to chargeable income calculation, legality of business activities, admissibility of deductions, applicability of Explanation to Section 37 of the Income Tax Act.

Delay in Refiling the Appeal:
The judgment condoned a delay of 88 days in refiling the appeal by the assessee under Section 260A of the Income Tax Act, 1961. This allowed the appeal to proceed despite the delay.

Substantial Questions of Law - Chargeable Income Calculation:
The appeal raised substantial questions of law regarding the chargeable income calculation under Section 29 of the Act. The primary issue was whether the chargeable income, once the claim of the appellant as a 'business' of accommodation entries is accepted, should be computed in accordance with the integrated scheme of taxation of the Income Tax Act, 1961.

Substantial Questions of Law - Business Activities Legality:
Another substantial question involved whether the calculation of chargeable income attributable to the 'accommodation entries business' should consider both receipts and payments, even if the payments are expenses for conducting the business. This raised concerns about the legality and tax implications of the business activities.

Admissibility of Deductions and Applicability of Explanation to Section 37:
The judgment referred to the Apex Court's decision in T.A. Quereshi v. Commissioner of Income Tax to discuss the admissibility of deductions for cash deposits related to accommodation entries. However, the court did not find substance in the argument and cited a previous case where similar legal issues were decided against the assessee. The judgment highlighted that the Explanation to Section 37 of the Act disallows deductions for expenses incurred for illegal purposes or prohibited by law. It emphasized that unlawful expenditures are not allowable deductions in income computation.

Conclusion:
The judgment dismissed the appeal by the assessee, stating that no substantial question of law arose in the case. It upheld the orders of the Assessing Officer, the CIT(A), and the Tribunal regarding the addition to the total income under Sections 68 and 69 of the Act. The court emphasized that businessmen cannot claim deductions for payments that are illegal or opposed to public policy, even if they are related to business activities.