1990 (11) TMI 112 - HC - Income Tax

Summary

Issues:
Validity of assessment order for the assessment year 1973-74 despite alteration of depreciation allowance by the Income-tax Officer after approval under section 144(B) of the Act given by the Inspecting Assistant Commissioner.

Detailed Analysis:
The case involved a dispute regarding the validity of the assessment order for the assessment year 1973-74, specifically concerning the alteration of the depreciation allowance by the Income-tax Officer after approval under section 144(B) of the Income-tax Act, 1961, given by the Inspecting Assistant Commissioner. The assessing authority initially provisionally accepted the depreciation claimed by the assessee, but later reduced it without providing the assessee with an opportunity to be heard, as required under the proviso to sub-section (4) of section 144B of the Act.

The assessee, dissatisfied with the assessment order, appealed to the Appellate Assistant Commissioner, who dismissed the appeal without addressing the grounds raised by the assessee regarding the reduction in depreciation without a hearing. Subsequently, the assessee appealed to the Income-tax Appellate Tribunal, which partially allowed the appeal but upheld the reduction in depreciation claimed by the Income-tax Officer. The Tribunal noted that the depreciation was provisionally accepted in the draft order and found no merit in the assessee's contention.

The High Court analyzed the provisions of section 144B of the Act, emphasizing that once objections are received, the assessing authority is obligated to forward the objections and the draft assessment order to the Inspecting Assistant Commissioner for approval. The Court highlighted that if an adverse order is to be passed after objections are raised, the assessee must be given an opportunity to be heard, as mandated by the proviso to sub-section (4) of section 144B. Failure to provide this opportunity would render the order invalid for violating the principles of natural justice enshrined in the procedural scheme under section 144B.

Consequently, the High Court ruled against the Revenue, directing that the matter be remitted to the Income-tax Officer for reassessment, with a specific instruction to provide the assessee with an opportunity to present arguments regarding the depreciation claimed. The Court set aside the Tribunal's order concerning the reduction in depreciation claimed by the assessee, emphasizing the importance of procedural fairness and adherence to the principles of natural justice in tax assessments.

In conclusion, the High Court's judgment focused on upholding procedural fairness and ensuring that taxpayers are afforded a reasonable opportunity to present their case before adverse decisions are made in tax assessments, particularly in cases involving the alteration of claimed allowances without proper consideration of the assessee's objections.