2000 (10) TMI 47 - HC - Income Tax

Court rules Rs. 41,453 not taxable under Income-tax Act 1961

The court held that the sum of Rs. 41,453 was not chargeable to tax under section 41(1)(a) of the Income-tax Act, 1961 for the assessment year 1964-65. ... Income, Business Income, Unclaimed Balances, Precedent Issues Involved:1. Whether the sum of Rs. 41,453 is chargeable to tax u/s 41(1) of the Income-tax Act, 1961.Summary:Issue 1: Chargeability of Rs. 41,453 u/s 41(1) of the Income-tax Act, 1961The controversy pertains to the assessment year 1964-65, regarding the inclusion of Rs. 41,453 in the taxable income of the assessee as 'profits chargeable to tax' u/s 41(1)(a) of the Income-tax Act, 1961. The Income-tax Officer included this amount in the taxable income, considering it a remission of liability. The assessee's appeal to the Appellate Assistant Commissioner was rejected on merits. The Tribunal, however, found that no material was brought on record by the Revenue to establish that there was remission or cessation of the liability and relied on the decision of the Bombay High Court in J. K. Chemicals Ltd. v. CIT [1966] 62 ITR 34.The Revenue's counsel argued that the transfer of the amount to the profit and loss account by the assessee itself was evidence of remission or cessation of liability, citing the Supreme Court decision in CIT v. T. V. Sundaram Iyengar and Sons Ltd. [1996] 222 ITR 344. However, the court noted that the later Supreme Court decision in CIT v. Sugauli Sugar Works (P.) Ltd. [1999] 236 ITR 518 held that a unilateral entry by the assessee does not bring the liability within the purview of section 41(1).The court found no inconsistency between the two Supreme Court decisions, noting that the facts of the present case were identical to those in CIT v. Sugauli Sugar Works (P.) Ltd. The court emphasized that a unilateral act by the debtor does not result in the cessation of liability, and the mere entry in the books of account does not apply section 41(1) of the Act.The court also mentioned the insertion of an Explanation to section 41(1) by the Finance (No. 2) Act, 1996, effective from April 1, 1997, which includes unilateral acts of the assessee in the expression 'remission or cessation of any liability.' However, this amendment does not apply to the assessment year in question.Conclusion:The Tribunal was right in holding that no part of the sum of Rs. 41,453 was chargeable to tax u/s 41(1)(a) of the Income-tax Act, 1961. The question referred was answered in the affirmative, in favor of the assessee and against the Revenue. The reference was disposed of with no order as to costs.