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Issues involved: Interpretation of section 41(2) of the Income-tax Act, 1961 regarding treatment of items not fully destroyed in fire but retained by the assessee in determining profits.
Summary: The High Court of Calcutta considered a reference under section 256(1) of the Income-tax Act, 1961, regarding the treatment of items not fully destroyed in a fire but retained by the assessee in determining profits under section 41(2) of the Act for the assessment year 1961-62. The assessee, a manufacturer of electrical goods, received insurance payments and proceeds from the sale of certain items after a fire incident. The Income-tax Officer calculated the profit under section 41(2) including the amount paid by insurers for items not fully destroyed but retained by the assessee. The Appellate Assistant Commissioner upheld this decision, but the Tribunal ruled in favor of the assessee, excluding the partially damaged items from profit calculation. The main contention was whether the items not fully destroyed in the fire and retained by the assessee should be considered under section 41(2) of the Act. The Revenue argued that the word "destroyed" in the section should encompass items partly damaged by fire. However, the Court disagreed, emphasizing that the section specifically mentions "sold, discarded, demolished or destroyed" and does not include "damaged" or "partly destroyed." Referring to dictionary definitions, the Court concluded that the ordinary meaning of "destroy" does not cover items that were not fully destroyed but retained by the assessee. Therefore, the Court held in favor of the assessee, ruling that such items should be excluded from profit calculation under section 41(2). In conclusion, the Court answered the reference question in the affirmative and in favor of the assessee, rejecting the Revenue's argument. The judgment was delivered by Judge S. C. Deb, with Judge S. K. Hazra concurring.
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