2003 (3) TMI 21 - HC - Income Tax

Assessee claimed Rs. 1,27,058 being the demand of Rajasthan sales tax and Central sales tax pertaining to the accounting year ended on September 30, 1975, and September 30, 1976 in the assessment year 1983-84 - The demand though pertains to the assessment year 1975-76 but raised in the year 1983-84 and there is no reference in the order of the Tribunal regarding quashing of this demand by the Deputy Commissioner (Appeals) in the year 1983-84. The High Court cannot go into the question which does not arise from the order of the Tribunal Assessee s claim is acceptable

Summary

Issues:
Allowability of liability claimed by the assessee for sales tax demand in the assessment year 1983-84.

Analysis:
The Tribunal referred the question of allowing the assessee's claim for liability of Rs. 1,27,058 pertaining to sales tax demands for the accounting years 1975-76 and 1976-77. The Income-tax Officer initially rejected the claim stating that the demand did not relate to the relevant year and had been quashed by the Deputy Commissioner (Appeals) in the Sales Tax Department for the year 1983-84. This rejection was upheld by the Commissioner of Income-tax (Appeals).

In appeal, the Tribunal allowed the claim based on its earlier orders from 1981-82 and 1982-83, despite a subsequent miscellaneous application pointing out that the demand had been quashed in the same year. The Department argued that since the demand had been quashed, there should be no deduction for the liability. However, the assessee contended that as the demand was raised in the same year, it should be allowed.

The Tribunal's main order did not mention the quashing of the demand by the Deputy Commissioner (Appeals) in 1983-84. The Tribunal's decision was based on the fact that the demand was raised in the same year, even though the liability related to an earlier assessment year. The Tribunal's order did not address the quashing of the demand in the same year.

The High Court upheld the Tribunal's decision, stating that it could only consider facts arising from the Tribunal's order. As the demand was raised in 1983-84, the allowance of Rs. 1,27,058 for the sales tax liability was deemed appropriate for that assessment year. The Court clarified that if the demand had been quashed, the Department could take further action in accordance with the law. The question was answered in favor of the assessee, and the reference was disposed of accordingly.