2011 (9) TMI 123 - SC - Income Tax

CIT disallowed the claim of deduction u/s 80IA after revising the order u/s 263 - held that - since the assessee has preferred an appeal to CIT (Appeals) against the order of the Assessing Officer dated 5th May 2011 we direct CIT (Appeals) to decide the matter uninfluenced by the earlier order of CIT under Section 263 of the Act as well as the impugned order passed by the High Court. Accordingly the impugned order is set aside and the civil appeal filed by the assessee stands disposed of. Till the appeal is heard and disposed of by CIT (Appeals) the order passed by the Court on 5th January 2011 (2010 -TMI - 206669 - Himachal Pradesh High Court) will continue to operate.

Summary

Issues involved:
1. Deduction under section 80-IA of the Income Tax Act allowed by the Assessing Officer, disallowed by the Commissioner of Income Tax (CIT) under Section 263 of the Act.
2. Tribunal allowing the assessee's appeal, High Court setting aside the Tribunal's order for not addressing issues decided by the CIT.
3. High Court not remitting the case to the Tribunal, leading to the assessee approaching the Supreme Court through a special leave petition.
4. Assessing Officer disallowing the deduction claim under Section 80-IA in the reassessment.
5. Supreme Court directing the CIT (Appeals) to decide the matter independently, setting aside the High Court's order, and allowing the appeal filed by the assessee to be disposed of by the CIT (Appeals).

Analysis:

1. The case involved a dispute regarding the deduction claimed by the assessee under section 80-IA of the Income Tax Act, which was initially allowed by the Assessing Officer but later disallowed by the Commissioner of Income Tax (CIT) under Section 263 of the Act. The Tribunal, upon the assessee's appeal, allowed the deduction. However, the High Court set aside the Tribunal's order, stating that certain issues decided by the CIT were not addressed by the Tribunal.

2. The Supreme Court noted that instead of the High Court addressing those issues itself, it should have remitted the case back to the Tribunal for consideration. As the High Court failed to do so, the assessee approached the Supreme Court through a special leave petition. The Supreme Court permitted the Department to proceed with reassessment, resulting in the Assessing Officer disallowing the deduction claim under Section 80-IA in the fresh order passed on 5th May, 2011.

3. Given the circumstances, the Supreme Court directed the CIT (Appeals) to independently decide the matter without being influenced by the earlier orders of the CIT under Section 263 of the Act or the High Court's impugned order. Consequently, the Supreme Court set aside the High Court's order and disposed of the civil appeal filed by the assessee. The Supreme Court further specified that the order passed on 5th January, 2011 would continue to be in effect until the appeal is heard and disposed of by the CIT (Appeals).

This detailed analysis outlines the progression of the case, highlighting the key decisions made by different authorities and the final directives issued by the Supreme Court for further proceedings.