2008 (9) TMI 581 - HC - Income Tax

Appeal to High court State owned corporation Absence clearance from committee on dispute Appeal not entertained

Summary

Issues:
1. Exemption under section 10(29) of the Income-tax Act for income derived from letting out godowns and warehouses.
2. Addition of prior period expenses and bad debt write-off to taxable income.
3. Condonation of delay in appealing to the Income-tax Appellate Tribunal.
4. Requirement of clearance from the Committee on Disputes (CoD) for State-owned corporations to appeal against the Income-tax Department.

Exemption under section 10(29) of the Income-tax Act:
The appellant, a State-owned corporation, claimed exemption under section 10(29) for income derived from letting out godowns and warehouses for storage, processing, and marketing of commodities. The Assessing Officer added the supplementary storage claim and bad debt write-off amount to the taxable income, which was contested by the appellant. The Commissioner of Income-tax (Appeals) partially allowed the appeal, confirming the addition of prior period expenses but allowing the bad debts claim. The Commissioner held that the appellant follows the accrual system of accounting, and the amount under consideration had accrued in the current year, rejecting the appellant's contention that it pertained to earlier years.

Condonation of delay in appealing to the Income-tax Appellate Tribunal:
The appellant appealed to the Income-tax Appellate Tribunal with a delay of 109 days, citing the reason that it was awaiting confirmation from its chartered accountant. The Tribunal dismissed the appeal, not satisfied with the reason provided by the appellant. The appellant raised substantial questions of law regarding the Tribunal's rejection of the application for condonation of delay and not admitting the appeal for hearing on the merits.

Requirement of clearance from the Committee on Disputes (CoD):
The High Court highlighted the necessity for State-owned corporations to obtain clearance from the CoD before appealing against the Income-tax Department. Referring to the Supreme Court's directive in previous cases, the Court emphasized the formation of a committee comprising key officials to resolve intergovernmental disputes. The Court cited the obligation for courts and tribunals to demand clearance from the committee in cases involving governmental disputes, reiterating that proceedings cannot proceed without such clearance. The appellant's appeal was dismissed for lack of clearance from the CoD but was granted the liberty to move the Court after obtaining the required clearance.

This comprehensive analysis of the judgment from the Madras High Court addresses the issues related to exemption under the Income-tax Act, condonation of delay in appealing to the Tribunal, and the requirement of clearance from the CoD for State-owned corporations.