1994 (11) TMI 60 - HC - Income Tax

Court allows defalcation as business loss for assessee-company, overturning Tribunal decision.

The court ruled in favor of the assessee, holding that the defalcation of funds by Anandamurthy should be treated as a business loss for the ... Gift Tax, Question Of Law Issues Involved:1. Whether the defalcation of funds amounting to Rs. 3,31,565 by Anandamurthy is admissible as a business loss for the assessee-company.2. Whether Anandamurthy can be considered an employee of the assessee-company.3. Applicability of precedents and legal principles to the present case.Issue-wise Detailed Analysis:1. Admissibility of Defalcation as Business Loss:The main question was whether the defalcation of Rs. 3,31,565 by Anandamurthy could be considered a business loss for the assessee-company. The assessee argued that the defalcation should be treated as a business loss because Anandamurthy was closely involved in the company's business activities. The defalcation was discovered in August 1974, and a special audit confirmed the amount. The company recovered Rs. 3,59,322 through a lawsuit against the bank, and the remaining amount was written off as a business loss. The Tribunal and the Commissioner of Income-tax (Appeals) had previously rejected this claim, stating that Anandamurthy was not an employee of the company but of the managing director.2. Employment Status of Anandamurthy:The assessee contended that despite the absence of a formal appointment, Anandamurthy acted as an employee, given his long association with the company and his involvement in its financial transactions. He managed cheque books, bank accounts, and often deputized for the managing director. The Revenue argued that since Anandamurthy was not formally appointed by the company, any loss due to his actions could not be considered a business loss of the company. However, the court noted that Anandamurthy's involvement in the company's operations and the perception of him as an employee by auditors and others supported the assessee's claim.3. Applicability of Legal Precedents:The assessee relied on several Supreme Court decisions, including *Badridas Daga v. CIT* and *CIT v. Nainital Bank Ltd.*, which established that losses due to misappropriation by employees or agents could be considered business losses if they were incidental to the business operations. The court also examined other High Court decisions that supported the assessee's claim. The Revenue cited *Yoosuf Sagar Abdulla and Sons (P.) Ltd. v. CIT* and *Curtis v. J. and G. Oldfield Ltd.*, arguing that these cases were more applicable. However, the court distinguished these cases based on their facts and found that the present case was more aligned with the precedents cited by the assessee.Conclusion:The court concluded that the defalcation was directly connected with the business operations of the assessee-company and was incidental to carrying on its business. The fact that Anandamurthy was not formally appointed by the company was deemed irrelevant. The court held that the loss suffered by the company due to defalcation was deductible as a business loss. The Tribunal's contrary conclusion was found to be erroneous. Consequently, the court answered the question in favor of the assessee and against the Revenue, allowing the defalcation amount as a deductible business loss.Final Judgment:The court ruled in favor of the assessee, stating that the defalcation of Rs. 3,31,565 by Anandamurthy should be treated as a business loss. The judgment was forwarded to the Income-tax Appellate Tribunal, Cochin Bench, for information.