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Issues involved: Jurisdiction of Assessing Officer u/s 154 of the Income Tax Act, 1961 to recompute rebate u/s 88E and treatment of business income from share trading.
Jurisdictional Issue - Recomputation of Rebate u/s 88E: The appeal was against the order of CIT(A)-XX, Kolkata, challenging the rectification order passed by I.T.O. Ward-34(1), Kolkata u/s 154 of the Income Tax Act, 1961 for the assessment year 2005-06. The Assessing Officer initiated rectification proceedings to disallow expenses claimed against share profit and income from other sources, affecting the calculation of rebate u/s 88E. The appellant contended that the AO exceeded jurisdiction by invoking section 154 on a debatable issue, arguing that the AO had no power to recompute the rebate u/s 88E. Both the Assessing Officer and CIT(A) upheld the rectification, dismissing the appellant's plea. However, the Tribunal found the issue to be highly debatable and quashed the lower authorities' orders, allowing the appellant's claim. Treatment of Business Income from Share Trading: The appellant, engaged in share trading and other sources of income, had audited accounts filed before the Assessing Officer. The AO processed the return u/s 143(1) of the Act, subsequently issuing a notice u/s 154 to rectify the treatment of expenses against share profit and income from other sources. The AO disallowed certain expenses not wholly and exclusively incurred for business income, aiming to recalculate the rebate u/s 88E. The appellant argued that the issue was debatable, emphasizing that the AO lacked the authority to recompute the rebate u/s 88E under section 154. Despite the appellant's contentions, both the AO and CIT(A) confirmed the disallowance of expenses and recalculated the rebate. However, the Tribunal intervened, considering the issue highly debatable and ruled in favor of the appellant, allowing the claim. Separate Judgement: The appeal was allowed by the Tribunal, setting aside the orders of the lower authorities and favoring the appellant's claim regarding the treatment of business income and the jurisdiction of the Assessing Officer under section 154 of the Income Tax Act, 1961.
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