1986 (5) TMI 61

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.... income of Mr. Nagpal with that of Smt. Nagpal who was not on professionally qualified but had decade long experience in the pesticides and chemicals and working as Laison Officer in which the assessee was a partner. 3. When the matter came before the AAC, he accepted the contention of the assessee an very detailed and well-reasoned order attacking which the ld. departmental representative submitted that firstly Nagpal was not qualified or professionally trained and secondly there is a difference between profession and business and he relied on a number of decisions viz., CIT vs. K.K. Shah (1982) 28 CTR (Guj) 126 : (1982) 135 ITR 146 (Guj), Davandra Surti reported in AIR 1969 (SC)-63, Batta Kalyani vs. CIT (1985) 46 CTR (AP) 45 : (1985) ....

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....d profession, we have direct finding from Supreme Court in the case of Barendra Prasad Ray vs. ITO (1981) 22 CTR (SC) 157 : (1981) 129 ITR 295 (SC) in which their Lordships adjudicated the matter in the following words: "The expression "business" does not necessarily mean trade or manufacture only, it is being used as including within its scope professions, vocations and callings for a fairly long time. The word "business" is one of wide import and it means an activity carried on continuously and systematically by a person by the application of his labour and skill with a view to earning an income." This finding of the Supreme Court is good enough to adjudicate the matter against the Revenue but we shall be failing in our duty in case....