1998 (11) TMI 92 - HC - Income Tax

Summary

Issues:
- Validity of the order passed by the Commissioner of Income-tax under section 263
- Consequential orders of the Income-tax Officer following the order under section 263

Validity of the Commissioner's Order under Section 263:
The case involved the assessment years 1975-76 and 1976-77, where the Commissioner set aside the original assessments by the Income-tax Officer under section 263, deeming them prejudicial to the Revenue's interest. Subsequently, the Tribunal overturned the Commissioner's order under section 263. The High Court noted that once the original assessments were in force, they could not be set aside unless done so lawfully. The Court emphasized that there cannot be two operative assessments simultaneously. The Tribunal's decision to set aside the Commissioner's order was upheld by the High Court, emphasizing that compliance with the direction under section 263 did not render the appeal process redundant. The High Court concluded that the original assessments were reinstated upon setting aside the order under section 263, making any fresh assessment invalid.

Consequential Orders of the Income-tax Officer:
After the Tribunal set aside the Commissioner's order under section 263, the Income-tax Officer made fresh assessments based on the original assessments. However, the Commissioner of Income-tax (Appeals) set aside these fresh assessments, arguing that since the order under section 263 was canceled, the consequential orders could not be upheld. The Revenue's appeal against this decision was unsuccessful before the Tribunal. The High Court affirmed that setting aside the order under section 263 automatically nullified any consequential orders made in response to it. The Court clarified that the failure to comply with the direction under section 263 resulted in the consequential orders also failing. The High Court answered the questions in favor of the assessee and against the Revenue, highlighting the importance of adhering to legal procedures and the hierarchy of assessments.

In conclusion, the High Court ruled in favor of the assessee, upholding the Tribunal's decision to set aside the Commissioner's order under section 263 and emphasizing the reinstatement of the original assessments. The Court highlighted the significance of legal procedures and the consequences of setting aside orders under section 263.