1978 (1) TMI 64 - HC - Income Tax

Summary

Issues Involved:
1. Whether the value of 30 preference shares allotted to the assessee was taxable as income.
2. Whether the shares were allotted as a gift or as remuneration for services rendered.
3. Whether the value of the shares was exempt under section 4(3)(vii) of the Indian Income-tax Act, 1922, as a benefit of casual and non-recurring nature.

Detailed Analysis:

1. Taxability of the Value of Shares as Income:
The Income-tax Officer included the value of 30 preference shares (Rs. 30,000) in the assessee's income for the assessment year 1952-53, considering it as remuneration for services rendered. The assessee contended that the shares were a benefit of casual and non-recurring nature, exempt under section 4(3)(vii) of the Indian Income-tax Act, 1922. The Appellate Assistant Commissioner and the Income-tax Appellate Tribunal both held that the shares were not assessable as income. However, the High Court found that the shares were allotted in consideration of services rendered, thus taxable as income.

2. Nature of Allotment: Gift or Remuneration:
The Tribunal examined the terms of the agreement between the assessee and the company, particularly clause (h), which stated that the shares were allotted "in consideration of the services rendered in connection with the formation, promotion of the company and in particular for the effective arrangements made for the conduct of the business of the company incurring heavy personal expenditure and extraordinary devotion brought to bear on the project." The Tribunal concluded that the shares had attributes of a personal gift. However, the High Court disagreed, noting that the shares were allotted as remuneration for services rendered, not as a gift for personal qualities.

3. Exemption under Section 4(3)(vii):
The assessee argued that the promotion of the company was not his business, profession, or vocation, and thus the value of the shares could not be considered as profits and gains. The High Court rejected this argument, stating that the assessee's activities in promoting the company constituted a vocation. The Court cited several precedents to support the view that an activity could be considered a vocation even without a profit-making motive. The High Court concluded that the shares were allotted as remuneration, not as a casual or non-recurring benefit, and thus were not exempt under section 4(3)(vii).

Conclusion:
The High Court answered the reference in the negative, holding that the Income-tax Appellate Tribunal was not right in concluding that the shares were allotted as a gift. The value of the shares was deemed taxable as income, and the parties were left to bear their respective costs.