1978 (4) TMI 58 - HC - Income Tax

High Court rules in favor of Betts Hartley Huett & Co. Ltd. on profit attribution issue

Betts Hartley Huett And Company Limited Versus Commissioner Of Income-Tax, West Bengal II, Calcutta

The High Court of Calcutta ruled in favor of the assessee, Betts Hartley Huett & Co. Ltd., in a case concerning the determination of profit ... Non-resident Company Issues involved: Determination of profit attributable to purchase operations of a non-resident company's London office in India, application of section 9(1) of the Income Tax Act, 1961, validity of transactions between the company's Indian branch and London head office.Summary:The High Court of Calcutta addressed a case involving Betts Hartley Huett & Co. Ltd., a non-resident company with its head office in London, engaged in purchasing tea in Calcutta for overseas clients. The Income Tax Officer (ITO) estimated profit attributable to the company's London office in India, leading to an appeal by the assessee. The Appellate Assistant Commissioner (AAC) ruled in favor of the assessee, directing deletion of the additional profit. However, the revenue appealed to the Tribunal, arguing that the AAC's decision was unjustified due to the absence of commission on sales to the head office. The Tribunal concluded that the London office benefitted from the business connection in India, leading to the inclusion of the estimated profit in the assessee's income.Upon reference to the High Court, the question arose whether the profit from sales to the head office should be included in the assessee's income under section 9(1) of the Income Tax Act, 1961. The assessee contended that no profit accrued through the India-London transactions, citing legal precedents supporting tax liability minimization through lawful arrangements. The revenue argued that the transactions fulfilled the criteria under section 9, emphasizing the business connection and indirect income arising in India.The Court analyzed the nature of the transactions and the legal framework, noting a misconception in treating the India-London dealings as valid sales transactions. It highlighted the principle that a unit cannot contract with itself, questioning the notion of profit when no commission was charged internally. Ultimately, the Court ruled in favor of the assessee, stating that no additional profit accrued due to the absence of valid sales transactions between the company's branches. The judgment was delivered by Justice Dipak Kumar Sen, with agreement from Justice C. K. Banerjee.