1987 (11) TMI 35 - HC - Income Tax

Court ruling: Fine not deductible under Gold Act, stolen goods claim allowed.

Commissioner Of Income-Tax Versus Durga Jewellers

Commissioner Of Income-Tax Versus Durga Jewellers - [1988] 172 ITR 134, 68 CTR 5, 37 TAXMANN 261 Issues involved:The judgment addresses two main issues: 1. Whether the fine imposed under the Gold (Control) Act in lieu of confiscation is deductible under section 37 of the Income-tax Act.2. Whether the deduction of the value of unrecovered goods stolen in a previous year is permissible in the assessment year.Issue 1:The Tribunal allowed the deduction of a fine of Rs. 5,000 imposed under the Gold (Control) Act, contending it was compensatory and not for infringement. The Department argued that such fines are not allowable deductions based on the Supreme Court's ruling in Haji Aziz and Abdul Shakoor Bros. v. CIT [1961] 41 ITR 350. The law under which the fine was imposed is similar to the case considered by the Supreme Court. The court held that the fine was not wholly and exclusively laid out for business purposes and thus not deductible.Issue 2:Regarding the deduction claimed for stolen goods, the Income-tax Officer and Commissioner disallowed it for the assessment year 1976-77, suggesting it should have been claimed in the previous year. However, the Tribunal, citing U. P. Vanaspati Agency v. CIT [1968] 68 ITR 120, allowed the deduction for the current year. The court agreed with the Tribunal, stating that the loss could be claimed in the year when recovery became impossible or remote. As the final report on the theft was made within the assessment year 1976-77, the deduction of Rs. 25,000 was rightly allowed.In conclusion, the court answered the first question in the negative, favoring the Department, and the second question in the affirmative, favoring the assessee. Each party was directed to bear their own costs.