1998 (7) TMI 79 - HC - Income Tax

Summary

Issues Involved:
1. Set off of Losses from Defunct Business
2. Jurisdiction of Income-tax Officer in Fresh Assessment
3. Claim for Deduction of Damages Payment

Summary:

1. Set off of Losses from Defunct Business:
The Commissioner of Income-tax initiated suo motu revision proceedings u/s 263 of the Income-tax Act, 1961, challenging the set off of losses from the defunct cashew department against the profits from the pesticides business. The Commissioner directed the Income-tax Officer to exclude the losses of the cashew and hessian departments from the fresh assessments for the years 1974-75 and 1975-76.

2. Jurisdiction of Income-tax Officer in Fresh Assessment:
The Income-tax Officer, following the Commissioner's directions, made a fresh assessment u/s 143 of the Act. The Tribunal held that the Income-tax Officer, while making a fresh assessment, retains all powers u/s 143(3) of the Act. The Tribunal referenced CIT v. Seth Manicklal Fomra [1975] 99 ITR 470, asserting that the Income-tax Officer's powers are not confined solely to the Commissioner's directions.

3. Claim for Deduction of Damages Payment:
The assessee claimed a deduction of Rs. 79,000 for damages payment, which the Income-tax Officer initially rejected, arguing that the Commissioner's order limited the scope of reassessment. The Commissioner of Income-tax (Appeals) and the Tribunal directed the Income-tax Officer to consider the claim on its merits. The court emphasized that the Income-tax Officer's duty extends beyond merely following the Commissioner's directions; it includes determining the correct taxable income, considering all claims made by the assessee.

Conclusion:
The court concluded that the Income-tax Officer must examine the assessee's claim for deduction on its merits, even during reassessment proceedings initiated by the Commissioner. The Tribunal's decision to allow the consideration of the Rs. 79,000 deduction was upheld. The question of law was answered in the affirmative and against the Revenue, with costs awarded to the assessee.