1967 (3) TMI 10 - SC - Income Tax

Business income - appellants were lessees of a cinema theatre - business of exhibiting cinematograph films- it is difficult to hold that the appellants have made out their case that the venture of Prakash Talkies was a part of a general business of exhibiting films in cinema theatres carried on by the appellants - deduction not allowed - appeal of assessee fails and is dismissed

Summary

Issues:
1. Allowability of mesne profits as a deduction in determining business income for the assessment year 1955-56.
2. Determination of whether the business in respect of which the allowance is claimed was carried on in the year of account 1954.
3. Whether different ventures carried on by an individual constitute one business or different businesses.

Analysis:
1. The appellants, as lessees of a cinema theatre, faced an ejectment action by the landlord after the lease expired. The civil court determined the liability of the appellants to pay mesne profits, which was later reduced by consent. The appellants sought to claim a portion of the mesne profits as a permissible allowance in their business income computation for the assessment year 1955-56. However, the Income-tax Officer disallowed the claim, considering the business was not carried on during the relevant year. The Appellate Assistant Commissioner and the Income-tax Appellate Tribunal upheld this decision, leading to the High Court's negative answer on the allowance. The appellants then appealed to the Supreme Court on this issue.

2. The key question revolved around whether the business for which the allowance was claimed was carried on in the year of account 1954. The appellants argued that their various ventures in Ahmedabad and Bombay constituted one business of exhibiting cinematograph films, with Prakash Talkies being a part of it. However, the court emphasized that the unity of different ventures as one business depends on the facts of each case. The Tribunal's findings indicated that the theatres were run independently, with separate books, and the closure of one did not affect the others. The court noted the absence of evidence regarding unity of control, management, or inter-relation of the businesses, leading to the dismissal of the appeal.

3. The determination of whether different ventures form one business or separate businesses involves a mixed question of law and fact. The court cited principles from a previous judgment emphasizing factors like unity of control, interdependence, and interlacing of ventures to establish them as one business. The Tribunal's focus on the independence of Prakash Talkies as a business was supported by the lack of evidence showing integration with the larger business of exhibiting films. The court found it challenging to conclude that Prakash Talkies was part of the general business carried on by the appellants, leading to the dismissal of the appeal.

In conclusion, the Supreme Court dismissed the appeal, upholding the disallowance of the claimed deduction in the appellants' business income computation for the assessment year 1955-56.