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of <h1>High Court: Taxation align with individual's accounting system, not company's. Cash basis for income calculation.</h1> <h3>Dr. N.K. Brahmachari Versus Commissioner of Income Tax</h3> Dr. N.K. Brahmachari Versus Commissioner of Income Tax - [1992] 104 CTR 209 Issues:1. Justifiability of exclusion of interest payable on a loan on accrual basis.2. Assessment of individual based on accounting system followed by the company.3. Interpretation of Section 5(1)(b) of the IT Act.4. Taxation of income on accrual basis for an individual.5. Obligation to maintain books of accounts for taxation.6. Reframed questions for consideration by the High Court.Analysis:1. The case involved a dispute regarding the exclusion of interest payable on a loan by a company to an individual on accrual basis. The Tribunal found that the company maintained its accounts on a mercantile basis, showing the interest payable to the individual on accrual basis. However, the individual maintained regular books of account on a cash basis. The Tribunal concluded that the individual should be assessed on an accrual basis.2. It was established that if an individual lends money to a company and receives interest, the assessment should align with the individual's accounting system. Merely because the company maintains its accounts on a mercantile basis does not mandate the individual to be taxed on an accrual basis. The Tribunal's decision to tax the interest shown as due in the company's books in the individual's hands was deemed unjustified.3. The interpretation of Section 5(1)(b) of the IT Act was crucial in determining the taxation of income. The section outlines that an individual's total income includes what accrues or arises to them in India during a specific year. However, this does not imply taxing the individual on accrual basis if they maintain accounts and file returns on a cash basis.4. The judgment emphasized that unless an individual is engaged in business or profession, there is no obligation under the IT Act to maintain account books. The absence of regularly maintained books of account does not warrant taxing the individual on an accrual basis. Individuals have the option to calculate income on a cash basis and file returns accordingly.5. The High Court reframed the questions for consideration, focusing on the justification of additions made to the individual's income as interest from undisclosed sources on an accrual basis. The Court ruled in favor of the assessee, negating the Tribunal's decision on taxing the accrued interest. The Court also highlighted that the irrecoverability of a loan amount does not necessitate waiting for the company's liquidation before considering it as such.6. In conclusion, the High Court answered the reframed questions in favor of the assessee, emphasizing the importance of aligning taxation with the individual's accounting practices and the inapplicability of taxing income on accrual basis without proper justification.This judgment provides clarity on the taxation principles concerning interest income and the significance of accounting methods in determining tax liabilities for individuals lending to companies.
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