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Commissioner of Income Tax v/s B. N. Gupta


Company & Directors' Information:- GUPTA CORPORATION PRIVATE LIMITED [Active] CIN = U40100MH2005PTC154038

Company & Directors' Information:- GUPTA INDIA PRIVATE LIMITED [Active] CIN = U51311DL1996PTC077255

Company & Directors' Information:- GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U52110DL1974PTC007339

Company & Directors' Information:- GUPTA AND GUPTA PRIVATE LIMITED [Active] CIN = U55204DL1954PTC002390

    ITC No. 119 of 1986

    Decided On, 31 October 1990

    At, High Court of Delhi

    By, THE HONOURABLE MS. JUSTICE SANTHOSH DUGGAL & THE HONOURABLE MR. JUSTICE B.N. KIRPAL

    For the Appearing Parties : ----



Judgment Text

SANTHOSH DUGGAL, J.


The petitioner seeks reference of the following questions to this court,



"1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in directing the Income-tax Officer to adjust the loss from a joint venture specifically when it was not provided in the agreement that the assessee would bear the loss ?


(2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that rejection of the assessee's claim amounts to reopening the matter ?


(3) Even if the answer to question No. 2 is in the affirmative, whether the Income-tax Appellate Tribunal, on the facts and in the circumstances of the case, was correct in law in holding that the Income-tax Officer was not entitled to disallow the loss to the assessee ?"


It appears that the assessee had an arrangement with the firm, Messrs. Radhey Sham Movies. According to the assessee, that was a joint venture and the assessee was entitled to the adjustment of any loss which was suffered by the said joint venture, the extent of the allowance being as per the share of the assessee. Originally, when the assessment of the assessee was made, it was noted by the Income-tax Officer that the share from the joint venture of Radhey Sham Movies would be subject to rectification. An appeal had also been filed before the Appellate Assistant Commissioner who had held, as noted by the Tribunal, that the Income-tax Officer should deal with the loss of Radhey Sham Movies in the same manner as a loss in the partnership firm. This finding was not challenged by the Department by way of a further appeal to the Tribunal. This being so, it is clear that Radhey Sham Movies was to be regarded as a joint venture and if it suffered any loss, then to the extent the loss fell to the share of the assessee, it had to be adjusted against his other inco

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me. The Tribunal was, therefore, right in coming to the conclusion that the assessee had a share in the loss suffered by Radhey Sham Movies. This is a finding of fact and no question of law arises. The petition is dismissed.
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