1998 (2) TMI 116 - HC - Income Tax

Summary

Issues:
1. Jurisdictional challenge regarding the quashing of the order dated January 8, 1997, passed by the Central Board of Direct Taxes.
2. Interpretation of the powers of the Central Board of Direct Taxes in compounding offences under section 279 of the Income-tax Act, 1961.

Analysis:
1. The petitioner, a doctor and shareholder in a company, sought to quash the order rejecting his request for compounding offences under section 276CC of the Income-tax Act, 1961. The petitioner's appeal against the conviction was pending in the High Court of Madras. The High Court of Delhi dismissed the petition on grounds of jurisdiction, stating that the cause of action arose in Chennai, where the competent authorities for compounding were located. The petitioner's direct approach to the Central Board of Direct Taxes in Delhi was deemed misconceived, as per the territorial jurisdiction rules.

2. The petitioner argued that the Central Board of Direct Taxes had the power to issue orders for compounding offences under section 279, allowing the petitioner to approach the Board directly. However, the court clarified that the Board's power was limited to issuing general guidelines and policies, not individual case-specific directions for compounding. The court highlighted that the petitioner should have approached the Chief Commissioner or Director-General, as specified in section 279(2), instead of directly petitioning the Central Board of Direct Taxes.

3. The court analyzed the retrospective operation of the Explanation added to section 279 through the Finance (No. 2) Act, 1991. The explanation clarified the Board's power to issue instructions or directions for the proper composition of offences under section 279. The court emphasized that this power was for general guidelines and policy decisions, not for individual case-specific directions. The petitioner's misconception in directly approaching the Central Board of Direct Taxes led to the dismissal of the petition by the High Court of Delhi.

4. The court concluded that the petitioner's petition was not maintainable within the territorial jurisdiction of the Delhi High Court. The petitioner was advised to approach the Chief Commissioner or Director-General for compounding offences, as per the provisions of the Income-tax Act, 1961. The court dismissed the petition, stating that the petitioner was not entitled to any relief within the jurisdiction of the Delhi High Court, emphasizing the importance of following the correct procedure for seeking compounding of offences under the Income-tax Act.