VidhiSangh

Supreme Court of India · 24/04/2023

THE COMMISSIONER OF INCOME TAX JAIPUR versus PRAKASH CHAND LUNIA (D) THR. LRS. & ANR.

[2023] 7 S.C.R. 85 · 2023 INSC 416

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Summary

Smuggled silver worth about Rs. 3.06 crores owned by a silver trader was absolutely confiscated by Customs; its value was added under Section 69A, and the Rajasthan High Court, relying on Piara Singh, allowed the confiscation as a business loss. The Supreme Court reversed. M.R. Shah J. held that Piara Singh applies only where smuggling is itself the assessee's business and that a legitimate trader who commits an infraction of law cannot deduct the loss, following Haji Aziz. M.M. Sundresh J., concurring, held that 'expenditure' in Section 37 includes a loss, that Explanation 1 to Section 37(1) bars deduction of any loss incurred for a purpose that is an offence or prohibited by law, that confiscation and penalty are proceedings in rem not incidental to any business, and that Piara Singh and Dr. T.A. Quereshi do not lay down correct law.

Issues

  1. Whether an assessee carrying on a legitimate business of dealing in silver can claim the value of smuggled silver absolutely confiscated by the Customs authorities as a deductible business or trading loss, the value having been added to his income under Section 69A.
  2. Whether the decision in CIT v. Piara Singh, allowing a smuggler the loss of confiscated currency, applies to an assessee whose business is lawful but who committed an infraction of law.
  3. Whether the word 'expenditure' in Section 37(1) of the Income Tax Act, read with Explanation 1, covers a loss, so that a loss incurred for a purpose that is an offence or prohibited by law is non-deductible.
  4. Whether the decisions in Piara Singh and Dr. T.A. Quereshi remain good law in the light of Haji Aziz and Explanation 1 to Section 37(1).

Provisions considered

Held

Result

Appeals by the Revenue allowed; Rajasthan High Court's judgment dated 22.11.2016 set aside and the orders of the Assessing Officer, CIT(A) and ITAT rejecting the claim to treat the confiscated silver as a business loss restored. No costs.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 85.