2003 (2) TMI 53 - HC - Income Tax

Whether the Tribunal was right in holding that the Assessing Officer could only take recourse to section 155 to modify the assessment of the assessee and he could not take recourse to section 148 of the Income-tax Act? - A perusal of the above provision shows that in case of reassessment of a firm, the Assessing Officer has not only to determine the assessable income of the firm but has also to amend the assessment orders of the partners accordingly. Hence, in our opinion, the Tribunal has correctly held that the Assessing Officer could only take recourse to section 155 to modify the assessment of the assessee and he could not take recourse to section 148 of the Income-tax Act. The Tribunal has also held that the Revenue can revise the shares of the appellants in the firm by invoking the provisions of section 155(1), if the law so permits. - We find no illegality in the impugned order of the Tribunal. The appeal is dismissed.

Summary

Issues:
1. Challenge to the impugned order of the Income-tax Appellate Tribunal dated August 26, 1999.
2. Revision of assessments of partners due to a search under section 132 of the Income-tax Act.
3. Initiation of reassessment proceedings under section 147/148 of the Income-tax Act.
4. Dispute regarding the application of section 155(1) for revising the share of the partner in the firm.

Issue 1:
The appeal under section 260A of the Income-tax Act challenged the order of the Income-tax Appellate Tribunal. The High Court, after hearing both parties, found no illegality in the impugned order. The respondent-assessee was a partner in a firm, and the assessments of the firm and partners were revised following a search under section 132 of the Income-tax Act.

Issue 2:
Following the search, the firm filed a revised return disclosing higher income. Subsequently, the assessments of the partners were also sought to be revised by the Assessing Officer under section 147/148 of the Income-tax Act since partners had not furnished revised returns. The respondent-assessee filed returns under protest, and the assessment was completed under section 143(3), including additions on account of low household withdrawals.

Issue 3:
The reassessment proceedings and the addition on account of low household expenses were challenged by the assessee and other partners. The Commissioner of Income-tax (Appeals) dismissed their appeals, but on further appeal, the Tribunal set aside the orders of the Commissioner, quashing the reassessments.

Issue 4:
The Tribunal observed that the original assessment of the partner should have been revised under section 155(1) of the Income-tax Act instead of section 147. Section 155(1) allows for amending the assessment orders of partners when reassessing a firm. The Tribunal correctly held that the Assessing Officer should have used section 155 to modify the assessment of the assessee, not section 148. The Revenue can revise the shares of partners in the firm by invoking section 155(1) if the law permits.

In conclusion, the High Court found no illegality in the Tribunal's order and dismissed the appeal, upholding the Tribunal's decision regarding the application of section 155(1) for revising the partner's share in the firm.