last Return shows net profit from transport business as ‘Nil’. Learned Counsel submits that as can be seen, the salary income has increased by Rs.2,53,540/- for assessment year 2008-09 and surprisingly, there is 100% increase in salary despite the fact that the deceased had left his job in that year, and income from Salary is shown at Rs.4,77,580/which would include severance pay on account of his resignation. There is no evidence as to what was the salary income and what was the amount of severance pay. In any case, she submits, the amount of Rs.4,77,580/- cannot be his annual income. She would submit that, firstly, it raises doubt whether the deceased was in transport business at all, and secondly, that an average of the three years Income Tax Returns should have been considered as per the settled law. Learned Counsel relies upon the decision of the Hon'ble Apex Court in the case of ICICI Lombard General Insurance Co. Ltd. vs. Ajay Kumar Mohanty1 and the Gujarat High Court in the case of Rajeshwariben Wd/o. Kalpeshbhai Shah vs. Yunusbhai Isabbhai Sipai2 in support of her contention. Learned Counsel would submit that the Hon'ble Apex Court sitting in a Bench of 4 Judges has unanimously observed in the case of ICICI Lombard GIC Ltd. vs. Ajay Kumar Mohanty (supra) that average income is required to be considered. There is clear finding to that 1 Civil Appeal No.7181 of 2015 decided on 6th March 2018 2 First Appeal No.579 of 2019 with connected Appeal decided on 6th May 2022
