2007 (9) TMI 667 - HC - Income Tax

Summary

Issues involved:
1. Whether the ITAT was right in upholding the order of the CIT (A) for considering the assessee's claim of increased depreciation at the stage of reassessment proceedings?
2. Whether the ITAT was right in upholding the order of the CIT (A) in deleting the interest charged under Section 234B of the Income-tax Act, 1961?

Issue 1:
The High Court noted that the Tribunal upheld the order of the CIT (A) regarding the claim of increased depreciation during reassessment proceedings. The Tribunal relied on the judgment in the case of CIT v. Sun Engineering Works Pvt. Ltd., (1992) 198 ITR 297, stating that matters not raised in the original assessment cannot be raised in reassessment unless related to escaped income. The CIT (A) emphasized that the revenue must consider permissible deductions against the income being assessed under Section 147 of the Act. The Tribunal's decision was based on these principles, and the Court confirmed that the revenue did not file an appeal against this order.

Issue 2:
Regarding the interest charged under Section 234B of the Income-tax Act, the Division Bench of the High Court referred to a previous case where it was established that interest can only be charged if there is a failure to pay advance tax. The Court highlighted that the assessee was not liable to pay advance tax due to the original assessment being at 'nil' income. The Court further explained that liability to pay advance tax cannot be imposed on the assessee based on subsequent changes in legal decisions. As the assessee was not liable to pay advance tax, the provisions of Section 234B could not be invoked. The Court upheld the Division Bench's judgment in this regard, ruling against the revenue on this issue.