1994 (4) TMI 62 - HC - Income Tax

Summary

Issues involved:
The judgment involves issues related to the imposition of additional tax under section 143(1A) of the Income-tax Act, 1961, and the constitutional validity of the retrospective amendment introduced by the Finance Act of 1993.

Imposition of Additional Tax u/s 143(1A):
The assessing authority rectified the petitioner's return by disallowing a certain amount from the accumulated loss, resulting in the imposition of additional tax at 20%. The Commissioner of Income-tax relied on a retrospective amendment to section 143(1A) introduced by the Finance Act of 1993. The petitioner challenged the amendment as beyond the legislative competence of the Union under entry 82 of List I to the Seventh Schedule to the Constitution and as ultra vires articles 14 and 265 of the Constitution.

Constitutional Validity of the Amendment:
The petitioner contended that the Union Parliament lacked the competence to impose such additional tax under entry 82 of the Union List, which authorizes tax only on income other than agricultural income. However, the judgment highlighted that even if entry 82 did not cover the levy, it would be sustainable under the residuary entry 97, allowing Parliament to legislate on any matter not listed in List II or List III. The court cited precedents where taxes were justified under this entry, emphasizing that the levy in question falls under the purview of entry 97.

Violation of Articles 14 and 265:
The petitioner raised concerns about the amendment violating articles 14 and 265 of the Constitution without providing substantial averments to support this claim. The judgment noted that the purpose of the additional tax was to prevent tax evasion and ensure accurate disclosure of income and expenditure. It emphasized that the provision aimed to prevent tax evasion and facilitate correct assessment, dismissing the contention that it violated constitutional articles.

Conclusion:
The court dismissed the original petitions, stating that the raised contentions could be addressed before the Departmental authorities. It allowed the petitioners to raise their arguments before the statutory authorities in appropriate proceedings, leaving the questions open for further deliberation.