2021 (8) TMI 1187 - HC - Income Tax

Characterization of income - trading receipts - undistributed amount received by the assessee in the year 1999 towards the terminal benefits of the employees - ITAT concluded not to be treated as trading receipt during the year in appeal - HELD THAT - Tribunal took note of the factual position, which was placed before it to establish that the remaining amount of ₹ 7.29 Crores, which was left in the hands of the assessee, was used to be adjusted against the students concession subsidy due to the assessee from the Government of Tamil Nadu in the subsequent years. The assessee was able to establish the said fact by producing a Government Order in G.O.Ms.No.44 dated 24.03.2009. Taking note of the said Government Order, the appeal filed by the assessee was allowed by the Tribunal. Government Order dated 24.03.2009 was not placed before the CIT(A), when it heard the appeal and passed the order dated 20.12.2011, but there can be no denying the fact that such an order was passed. The genuinity of the stand taken by the assessee was never in doubt before the Tribunal. No substantial question of law.

Summary

Issues:
1. Interpretation of undistributed amount as trading receipt for assessment year 2004-05.

Analysis:
The appeal before the Madras High Court concerned the interpretation of an undistributed amount of ?7.29 crores received by the assessee in 1999 towards terminal benefits of employees for the assessment year 2004-05. The Assessing Officer considered this amount as a trading receipt and added it back to the return of income. The Commissioner of Income Tax (Appeals) affirmed this view without providing independent findings. The assessee then approached the Tribunal, which allowed the appeal based on the factual position that the remaining amount was used to adjust against students' concession subsidy due from the Government of Tamil Nadu in subsequent years, supported by a Government Order dated 24.03.2009.

The High Court noted that the Government Order from 2009 was not presented before the Commissioner of Income Tax (Appeals) during the earlier proceedings. However, the genuineness of the assessee's stand was never in doubt before the Tribunal. Considering the facts and circumstances presented before the Tribunal, the High Court found no substantial question of law arising for consideration in the appeal. Therefore, the High Court dismissed the tax case appeal without costs.

This judgment highlights the importance of presenting all relevant evidence and documents before the lower authorities to support the case effectively. The decision underscores the significance of factual circumstances and the burden of proof in tax matters. The High Court's analysis focused on the evidence presented before the Tribunal, emphasizing the need for a clear factual basis to support legal arguments in tax disputes.