1997 (5) TMI 41 - HC - Income Tax

Issues Involved:
1. Violation of principles of natural justice by the Board.
2. Competence of the Board to record satisfaction about the nature of disclosure.
3. Jurisdiction of the Board under section 273A(2).
4. Independent consideration of hardship under section 273A(4).
5. Inconsistency in the Commissioner's findings.

Issue-wise Detailed Analysis:

1. Violation of Principles of Natural Justice by the Board:

The petitioner contended that the Board's order dated June 18, 1991, was passed in violation of the principle of natural justice as it did not provide an opportunity for the petitioner to be heard. The court found merit in this argument, emphasizing that the petitioner should have been given a chance to present their case, especially since the Board recorded findings contrary to the Commissioner's satisfaction that the disclosure was voluntary. The court referenced the case of Carborundum Universal Ltd. v. CBDT [1989] 180 ITR 171 (SC), highlighting that while personal hearing is not universally required, it is necessary when the facts and circumstances of the case demand it.

2. Competence of the Board to Record Satisfaction About the Nature of Disclosure:

The petitioner argued that the power to record satisfaction regarding the voluntary nature of the disclosure is vested solely in the Commissioner, not the Board. The court agreed, stating that the Board's role under section 273A(2) is limited to approving the waiver of penalties and not to reverse the Commissioner's findings. The court held that the Board overstepped its jurisdiction by recording its own satisfaction about the nature of the disclosure without affording a hearing to the petitioner.

3. Jurisdiction of the Board under Section 273A(2):

The court clarified that the Board's jurisdiction under section 273A(2) is confined to granting approval for the waiver of penalties, either fully or partially. It does not have the authority to reverse the satisfaction recorded by the Commissioner regarding the voluntary nature of the disclosure. The court found that the Board's order was vitiated as it acted beyond its jurisdiction by making a determination on the nature of the disclosure.

4. Independent Consideration of Hardship under Section 273A(4):

The petitioner contended that the Board failed to consider the ground of genuine hardship as recorded by the Commissioner under section 273A(4). The court agreed, noting that the ground of hardship is independent of the voluntary disclosure requirement under section 273A(1). The Board's omission to record a finding on this aspect rendered its order legally flawed. The court emphasized that the Board should have addressed both grounds as contemplated by sub-sections (1) and (4) of section 273A.

5. Inconsistency in the Commissioner's Findings:

The petitioner pointed out that the Commissioner initially recorded findings in favor of the petitioner under sections 273A(1) and 273A(4) but later reversed his stance in the impugned order. The court found this inconsistency problematic, underscoring that the Commissioner should not reverse his own view without a valid reason. The court held that the Commissioner was not competent to change his findings after making a reference to the Board for approval.

Conclusion:

The court allowed the writ petition, quashing the impugned order of the Commissioner dated September 17, 1991, and the Board's order dated June 18, 1991. The Board was directed to pass a fresh order after giving the petitioner an opportunity to be heard, recording clear findings on both grounds as contemplated by sub-sections (1) and (4) of section 273A of the Income-tax Act, 1961, preferably within three months from the date the certified copy of the court's order is produced before it by the petitioner.

← Previous Next →