1986 (1) TMI 22 - HC - Income Tax

Unity of control key in tax loss carryforward case: High Court decision

Commissioner Of Income-Tax Versus S. SM Ahmed Hussain

Commissioner Of Income-Tax Versus S. SM Ahmed Hussain - [1987] 164 ITR 525, 54 CTR 327, 28 TAXMANN 124 Issues Involved:1. Entitlement to carry forward and set off the loss u/s 72(1) of the Income-tax Act, 1961.2. Relevance of unity of control and management for carrying forward the loss u/s 72(1) and whether the Tribunal's finding is supported by materials on record.Summary:Issue 1: Entitlement to Carry Forward and Set Off the Loss u/s 72(1) of the Income-tax Act, 1961The assessee, during the assessment year 1968-69, carried on the business of distribution of cinema films and claimed the unabsorbed loss of Rs. 2,32,485 from the previous year, which was related to the business of purchase and sale of 'National Defence Remittance Scheme Certificates.' The Income-tax Officer denied the carry forward and set off the loss, stating that the business of 'Certificates' was not carried on during the assessment year in question. The Appellate Assistant Commissioner found unity of control and management between the two activities, as they were entered in a single set of account books and had a common source of funds. The Tribunal, relying on the Supreme Court decision in Produce Exchange Corporation Ltd. v. CIT [1970] 77 ITR 739, upheld the Appellate Assistant Commissioner's view, stating that the unity of control and management indicated that the same business continued in the assessment year 1968-69. The High Court affirmed this view, referencing several Supreme Court decisions, including CIT v. Prithvi Insurance Co. Ltd. [1967] 63 ITR 632, which established that interconnection, interlacing, interdependence, and unity are the decisive tests for determining whether two lines of business constitute the same business.Issue 2: Relevance of Unity of Control and Management for Carrying Forward the Loss u/s 72(1) and Whether the Tribunal's Finding is Supported by Materials on RecordThe Tribunal's finding of unity of control and management was based on the maintenance of a single set of account books and the same source of funds for both business activities. The High Court found these circumstances sufficient to support the Tribunal's conclusion. The High Court reiterated that the test of unity of control and management, as laid down by the Supreme Court, was the correct approach for determining whether the businesses constituted the same business for the purpose of carrying forward and setting off the loss.Conclusion:- Question No. 1: Answered in the affirmative and against the Revenue.- Question No. 2: Answered in the affirmative and against the Revenue.No order as to costs was made due to the absence of representation for the respondent.