1984 (10) TMI 203 - HC - Income Tax

Confiscated rice not deductible as business loss under Income Tax Act.

The court held that the confiscated rice value could not be claimed as a business loss under the Income Tax Act. The confiscation was deemed a consequence ... Business Expenditure, Business Loss Issues:Interpretation of provisions under the Essential Commodities Act and the Income Tax Act regarding the confiscation of rice from a miller, determination of whether the confiscated rice value can be claimed as a business loss under sections 28(1) or 37(1) of the Income Tax Act.Analysis:The case involved a firm operating a rice mill that failed to deliver the required levy rice under the Essential Commodities Act, resulting in the confiscation of rice valued at Rs. 43,974. The firm claimed this amount as a business loss under the Income Tax Act. The court was tasked with determining whether the confiscated rice value could be treated as a business loss under section 28(1) or as an expense under section 37(1) of the Income Tax Act.The firm's counsel argued that the confiscation order was not a penalty but a measure to ensure compliance with the levy order. They cited precedents to support their contention that the confiscation was not punitive in nature. However, the court rejected this argument, emphasizing that the confiscation order was justified and affirmed in appeal and revision, indicating the firm's failure to comply with the levy order.The counsel also attempted to draw distinctions between judgments in rem and in personam to support the claim that the loss should be allowed as a business loss. However, the court referenced Supreme Court decisions that rejected such distinctions in tax cases, emphasizing the principle of public policy that expenses paid as penalties for law breaches cannot be considered business losses.Furthermore, the court examined previous cases involving losses incurred due to violations of agreements or laws in the context of business. It highlighted that losses resulting from infractions of the law are not permitted to be deducted as business losses, aligning with the principle established in previous Supreme Court rulings.Ultimately, the court held that the loss suffered by the firm due to the confiscation of rice resulted from a violation of the law, and therefore, it could not be treated as a business loss under section 28 of the Income Tax Act. The judgment favored the Revenue, denying the firm's claim for the confiscated rice value as a business loss or expense under the Act.In conclusion, the court refused oral leave to appeal to the Supreme Court, stating that no substantial question of law arose in the case warranting further consideration. The decision was based on the firm's failure to deliver levy rice as required by law, leading to the confiscation of rice, which was deemed a consequence of a legal violation rather than a business loss.