2008 (1) TMI 115 - HC - Income Tax

Business of selling yantras to customers, and also selling publication of a monthly journal - amounts received as subscription for life membership are in the nature of capital receipts liable to be returned to the subscriber, hence they are not assessable as income of assessee - assessee have not earned any income as interest from the security amount refundable but then it was passed on to partners of the firm free of interest matter remanded to AO whether notional interest, is assessable

Summary

Issues Involved:
1. Whether the life membership subscriptions received by the assessee constitute income.
2. Whether interest accrued on the said deposits should be considered as income of the assessee.

Issue-wise Detailed Analysis:

1. Life Membership Subscriptions as Income:

The primary issue was whether the life membership subscriptions received by the assessee should be treated as income. The assessing authority considered that the sum received from life members, shown as a liability in the balance sheet, was essentially for providing monthly journals and hence should be treated as revenue receipt. The contention that these were refundable deposits was scrutinized, revealing that only a minimal amount was ever refunded, while a substantial sum remained with the assessee. The assessing authority concluded that the amount was income, as it was used for providing services (journals) to the subscribers.

The Commissioner of Income-tax (Appeals) found the deposits refundable and the interest shown in the partners' returns, a practice accepted by the Department for years, thus deleting the addition. The Tribunal upheld this, emphasizing that the deposits were refundable and not a colorable device, thus not income.

The High Court referred to various judgments, notably Siddheshwar Sahakari Sakhar Karkhana Ltd. v. CIT, which held that deposits meant to be returned on specified contingencies are not trading receipts. Applying this, the Court concluded that the life membership subscriptions were capital receipts, not liable to tax.

2. Interest on Deposits as Income:

The second issue was whether interest accrued on the deposits should be considered income of the assessee. The assessing authority found that the funds were advanced interest-free to partners, who then lent them to family members and others on interest, thus attributing the interest income to the firm.

The Tribunal found that non-charging of interest by the firm from its partners did not justify treating the interest earned by partners as the firm's income, as it would be notional rather than real income.

The High Court noted the complexity of this issue, highlighting that the firm did not show any interest income, but the funds were part of a family affair. The Court remanded this matter to the Assessing Officer for detailed examination, emphasizing that the firm claimed deductions for journals sent to life members while enjoying the principal amount without paying tax on the usufruct.

Conclusion:

The High Court concluded that the life membership subscriptions were not revenue receipts liable to tax but remanded the issue of interest income for detailed examination by the Assessing Officer, considering the overall family context and the firm's financial practices. The appeals were partly allowed, with the subscription amount not treated as income, but further scrutiny required for interest income.