1949 (3) TMI 18 - HC - Income Tax

Remission amount not taxable income: High Court decision clarifies Indian Income-tax Act

ORIENT CORPORATION, BOMBAY Versus COMMISSIONER OF INCOME-TAX, BOMBAY CITY

The High Court ruled that the remission amount of 16,544 was not considered as income for the assessee for the financial year 1943-44 under the Indian ... - Issues:Interpretation of income under the Indian Income-tax Act for the financial year 1943-44.Analysis:The case involved an application by the assessee to refer certain questions of law arising from the Tribunal's order to the High Court under Section 66(1) of the Indian Income-tax Act. The assessee, a firm dealing in hardware goods, had suffered a loss in speculation in the financial year ending 31st March 1940, which was credited to the account of a firm of brokers. Subsequently, a settlement was reached with the brokers in 1941, but this remission was not credited to the assessee's trading account. The main issue before the Tribunal was whether the remission amount should be included in the assessee's income for the financial year 1943-44. The Tribunal was divided in its opinion, leading to a reference to resolve the matter.The President of the Tribunal, relying on precedent, held that the remission amount should be considered as income in the hands of the assessee as it arose from business and was not exempt under Section 4(3)(vii) of the Act. The President distinguished a previous case and emphasized that the reduction in liability must be considered as income. The point of difference was referred to another member who concurred with the President's view, resulting in the dismissal of the assessee's appeal.The High Court, in its judgment, referred to a previous decision involving a similar scenario and held that if a liability allowed as a deduction is discharged by the remission of the creditor, it cannot be considered as income liable to tax. The Court distinguished another case where recovery of embezzled funds was treated as income, stating that in the present case, the remission amount was not received by the assessee as taxable income. The Court also cited a decision by the Nagpur High Court supporting their interpretation of the law.In conclusion, the High Court answered the question of law in the negative, ruling that the remission amount of &8377; 16,544 was not the assessee's income for the financial year 1943-44 under the Indian Income-tax Act. The Court directed the Commissioner to pay the costs, and the reference was answered accordingly by both judges.