1979 (6) TMI 5 - HC - Income Tax

Summary

Issues involved: Assessment of whether the amount received by the assessee on leaving the firm represented capital receipt or revenue receipt.

Summary:
The High Court of Madras considered a case involving a partnership firm, "Dhanalakshmi Pictures," in which the assessee was a partner. Upon the assessee's retirement from the firm, a sum of Rs. 26,000 was paid to him in full settlement of his claims in the partnership business. The Income Tax Officer (ITO) treated this amount, along with a debit balance of Rs. 53,130.56 in the firm's books, as taxable income of the assessee. However, the Tribunal held that the sum received did not have a revenue character, leading to the reference question.

Regarding the debit balance of Rs. 53,130.56, it was established that the remission of this debt by the firm could not be treated as income in the assessee's hands, following the principle that a forgiven debt cannot be considered income. The court cited the case of British Mexican Petroleum Co. Ltd. v. Jackson to support this position.

Regarding the sum of Rs. 26,000, the court analyzed whether it constituted a payment in respect of profits earned by the firm or a return of the assessee's share of capital. It was concluded that if the amount was related to profits already taxed at the firm level, it could not be taxed again in the hands of the partner. Additionally, the return of a partner's capital cannot be considered income. The court distinguished this case from precedents such as CIT v. P. R.A. L. Muthu Karuppan Chettiar and CIT v. S. Rm. Sathappa Chettiar, emphasizing the specific circumstances of the present case.

Ultimately, the court answered the reference question in favor of the assessee, ruling that both the amounts of Rs. 53,130.56 and Rs. 26,000 were not taxable as income. The assessee was awarded costs.