2010 (9) TMI 829 - HC - Income Tax

Writ petition - Notice u/s 148 - reassessment - Different view for the two periods - held that - The learned assessing authority should trust honest assessees, and discard their returns for very valid reasons in a situation like the present one, as it had happened in the case of Dr. Narendra Prasad 2009 (10) TMI 155 - PATNA HIGH COURT , that the Department has taken a consistent view for all these years except the period in question. We hope the learned authorities under the Act will keep this in mind in future, otherwise it gives rise to clearly avoidable litigations, and rattles honest assessees. - Decided in favor of assessee.

Summary

Issues Involved:
1. Validity of the notice dated 22.4.1997 issued under Section 148 of the Income Tax Act.
2. Determination of whether respondent nos. 3 to 7 are benamidars of the petitioner.
3. Consistency in the application of tax laws and assessment orders.

Issue-wise Detailed Analysis:

1. Validity of the Notice Dated 22.4.1997:
The petitioner challenged the notice dated 22.4.1997 issued by the Deputy Commissioner of Income Tax under Section 148 of the Income Tax Act, seeking to reassess the return for the assessment year 1994-95. The petitioner argued that the notice lacked a valid foundation due to subsequent appellate orders. The appellate orders had set aside the assessments of respondent nos. 3 to 7, declaring them as charitable institutions and not benamidars of the petitioner. The court observed that the very basis for the impugned notice was eliminated by these appellate decisions, rendering the notice invalid. Consequently, the court quashed the notice dated 22.4.1997 and the consequential communication dated 28.5.1997.

2. Determination of Whether Respondent Nos. 3 to 7 Are Benamidars:
The initial assessment by the Deputy Commissioner of Income Tax had treated respondent nos. 3 to 7 as benamidars of the petitioner, leading to the issuance of the impugned notice. However, respondent nos. 3 to 7 appealed against their assessments, and the Commissioner of Income Tax (Appeals) ruled in their favor, confirming their status as charitable institutions. The appellate authority's orders, which were not contested by the revenue department, established that respondent nos. 3 to 7 were not benamidars but legitimate charitable institutions. The court held that the findings against the petitioner under Section 13(1)(c) read with Section 13(3) of the Act were no longer applicable.

3. Consistency in the Application of Tax Laws and Assessment Orders:
The petitioner emphasized the importance of consistency in tax assessments, arguing that the authorities should adhere to previous and subsequent rulings regarding the status of respondent nos. 3 to 7. The court agreed, citing the principle that "consistency is the hallmark of justice" and that assessees should not be subjected to arbitrary and inconsistent decisions. The court referenced the case of Dr. Narendra Prasad vs. Commissioner of Income Tax, where consistent application of tax laws was upheld, and deviations were disapproved. The court highlighted the need for tax authorities to trust honest assessees and avoid unnecessary litigations stemming from inconsistent assessments.

Conclusion:
The court allowed the writ petition, quashing the notice dated 22.4.1997 and the consequential communication dated 28.5.1997. The court emphasized the importance of consistency in tax assessments and the need for tax authorities to adhere to established rulings to avoid unsettling honest assessees. The decision underscored the significance of maintaining uniformity in the application of tax laws to ensure fairness and justice.