1966 (1) TMI 16 - HC - Income Tax

High Court excludes jute transaction profit from total income; assessee wins case.

The High Court of Patna ruled in favor of the assessee-company, determining that the profit of Rs. 14,30,561 from jute transactions should not be included ... Whether Tribunal was right in holding that the profit of Rs. 14,30,561 on jute transactions were the profits of the assessee-company liable to be included in its total income Issues:Interpretation of profit on jute transactions for assessment year 1952-53.Analysis:The judgment by the High Court of Patna involved a dispute regarding the inclusion of a profit of Rs. 14,30,561 from jute transactions in the total income of the assessee-company for the assessment year 1952-53. The Income-tax Appellate Tribunal had upheld the inclusion of this profit in the assessee's income, despite the company's claim that it was earned on behalf of another entity, D.C.P.M. Ltd. The Tribunal rejected the claim based on various grounds, including the lack of contemporaneous evidence, absence of entries in the books related to D.C.P.M. Ltd., and the absence of records of brokerage or commission. The Tribunal also did not consider certain documents provided by the assessee, such as the assessment order of D.C.P.M. Ltd. and a credit advice from the company. The High Court analyzed each ground given by the Tribunal for rejecting the claim and found that the Tribunal had not provided sufficient reasons for disregarding the evidence presented by the assessee, especially the credit advice from D.C.P.M. Ltd. The Court noted that the absence of certain entries or records in the books of the assessee did not necessarily invalidate the claim made by the company. The Court ultimately ruled in favor of the assessee, holding that the profit from the jute transactions should not be included in the company's total income.In conclusion, the High Court of Patna decided in favor of the assessee-company, ruling that the profit of Rs. 14,30,561 from jute transactions should not be included in its total income for the assessment year 1952-53. The Court found that the grounds provided by the Income-tax Appellate Tribunal for rejecting the claim were not sufficiently justified, especially considering the evidence presented by the assessee, such as the credit advice from D.C.P.M. Ltd. The Court emphasized that the absence of certain entries in the books of the assessee did not discredit the company's claim, and therefore, the inclusion of the profit in the total income was deemed incorrect. The Court disposed of the reference in favor of the assessee and awarded costs to the company.