Case Law Details

Case Name : Hindustan Foods Ltd. Vs. DCIT (Bombay High Court)
Appeal Number : Tax Appeal No. 15/2006
Date of Judgement/Order : 13/02/2009
Related Assessment Year :
Courts : All High Courts (3793) Bombay High Court (681)

RELEVANT PARAGRAPHS:

9. In the instant case, since it is not in dispute that the amount, in question, has already been utilized by the Assessee for the purpose of its business from time to time and by Board Resolution the Assessee has transferred the amount to the Reserve Fund Account, and considering the judgment of the Supreme Court in the case of Commissioner of Income-tax vs. T. V. Sundaram Iyengar and Sons Ltd. (supra), the amount utilized for the purpose of business of the Assessee was required to be treated as business income.

10. Considering the aforesaid aspect of the matter and  considering the fact that the Assessee had already utilized the money from time to time for its business purpose and having been taken benefit of utilizing the money for its business, now cannot say that the debt, in question, has not become time barred and, therefore, the said unclaimed amount should not have been treated as income of the assessee by way of trade receipt. The Tribunal has given in paras 9 and 10 of its order, cogent reasons for coming to the conclusion that the amount, in question, is required to be considered as income of the assessee. The Tribunal has also rightly held that in the subsequent assessment years, if some amount is paid to the debenture holders, the AO should deduct such amount in the relevant assessment years. The Tribunal has, accordingly, while setting aside the orders of the Assessing Officer, as well as the Appellate Authority, given such benefit to the assessee in the relevant assessment years.

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Category : Income Tax (25525)
Type : Judiciary (10277)

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