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of <h1>Political Party's Publication Department Not Business for Tax, Canstar Investment Treated as Interest Income</h1> <h3>Bharatiya Janta Party Versus Deputy Commissioner of Income-Tax</h3> The Tribunal held that the publication department of the political party did not constitute a business activity, and thus, losses from it could not be set ... - Issues Involved:1. Whether the assessee's activity of the publication department could be construed to be a business activity and losses therefrom could be adjusted against other income.2. Whether the maturity value of Canstar is exigible to tax under the head 'Capital gains' or 'Income from other sources'.Issue 1: Publication Department as Business ActivityThe assessee, a political party, claimed that its publication department's activities constituted a business, and losses from this should be set off against other income. The assessee argued that the publication activity was a continuous, systematic, and organized activity, with separate accounts and proper registration. The Commissioner of Income-tax (Appeals) and the Assessing Officer held that the publication of journals and literature by a political party was not a business activity but part of its political activities, and thus, losses could not be set off against other income. The Tribunal upheld this view, noting that the political party's objective was not profit-making and that the publication activity lacked profit motive, which is a necessary requisite for a business.Issue 2: Taxability of Maturity Value of CanstarThe assessee invested in Canstar units, which assured a minimum annual income ploughed back for investment purposes. The issue was whether the surplus on the maturity value of Canstar should be taxed as 'Capital gains' or 'Income from other sources.' The Assessing Officer and the Commissioner of Income-tax (Appeals) treated the surplus as capital gains, noting that the assessee had opted for the capital gains scheme. The Tribunal, however, held that the surplus should be treated as income from other sources, reasoning that the accretion was in the nature of interest income and not capital appreciation. The Tribunal noted that the scheme could not override the provisions of the Income-tax Act and that the income should be assessed in accordance with the method of accounting regularly employed by the assessee.
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