1965 (4) TMI 11 - SC - Income Tax

Whether, on the facts and In the circumstances of the case, the assessee was entitled to set off the business loss of ₹ 55,912 brought forward from the preceding year against the entire income including interest on securities held by the assessee ? Held that - Under section 24(2) of the Indian Income-tax Act, 1922 the income from the securities which formed part of the assessee s trading assets was part of its income in the business and, therefore, the loss incurred in the business in the earlier year could be set off against that income also in the succeeding years. Thus the High Court was right in answering the question referred to it in the affirmative. Appeal dismissed.

Issues Involved:
1. Construction of section 24(2) of the Indian Income-tax Act, 1922.
2. Whether the business loss of Rs. 55,912 from the preceding year can be set off against the entire income, including interest on securities, in the succeeding years.

Issue-wise Detailed Analysis:

1. Construction of section 24(2) of the Indian Income-tax Act, 1922:

The primary issue in these appeals is the interpretation of section 24(2) of the Indian Income-tax Act, 1922. The relevant part of section 24(2) before the Finance Act, 1955, states that if an assessee sustains a loss in any business, profession, or vocation, and the loss cannot be wholly set off under sub-section (1), the loss can be carried forward to the following year and set off against the profits and gains from the same business.

The court emphasized that the crucial words in section 24(2) are "profits and gains of the assessee from the same business." The determination of whether the securities formed part of the trading assets of the business and the income therefrom was income from the business is essential. The court noted that section 6 of the Act classifies taxable income under different heads for computation purposes, but income from securities does not cease to be part of the income from business if the securities are part of the trading assets.

2. Whether the business loss of Rs. 55,912 from the preceding year can be set off against the entire income, including interest on securities, in the succeeding years:

The assessee, a private limited company engaged in banking, had a business loss of Rs. 55,912 in the assessment year 1949-50. For the subsequent three years, the department allowed the loss to be set off against income from business but disallowed it against income from interest on securities. The Tribunal and the High Court found that the securities were part of the assessee's trading assets, and the income from these securities was part of the business income.

The court held that if the income from the securities was the income from the business, section 24(2) was applicable. The court further clarified that while sub-section (1) of section 24 provides for setting off losses under different heads in the same year, sub-section (2) allows for carrying forward the loss and setting it off against profits from the same business in subsequent years.

The court examined various precedents, including the Judicial Committee's decision in Punjab Co-operative Bank Ltd. v. Commissioner of Income-tax, which highlighted the business connection between a bank's securities and its business. The court also referred to United Commercial Bank Ltd. v. Commissioner of Income-tax, which emphasized that income from securities, even if part of trading assets, must be assessed under section 8 but does not negate it being business income.

The court concluded that under section 24(2), the income from securities that formed part of the assessee's trading assets was part of its business income. Therefore, the business loss from the earlier year could be set off against this income in the succeeding years.

Conclusion:

The High Court was correct in answering the reference in favor of the assessee. The appeals were dismissed with costs, affirming that the business loss could be set off against the entire income, including interest on securities, in the succeeding years.

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