2014 (1) TMI 139 - HC - Income Tax

Appealability of order u/s 154 - Held that - As per section 246A - Appeal can be filed against order made under Section 154 only before Commissioner of Income Tax (Appeals) which the appellant assessee has adopted in the above case and the Commissioner of Income Tax(Appeals) has also considered the appeal on merits and disposed of the same - There was no justification on the part of the Tribunal to opine that the appeal before the Tribunal was not maintainable - The Tribunal ought to have decided the appeal on merits after entertaining the same Decided in favour of assessee.

Summary

Issues:
1. Completion of assessment subsequent to disposal of application by Settlement Commission under Section 245C.
2. Levying of interest under Section 220(2) by assessing officer.
3. Dismissal of appeal by Commissioner of Income Tax(Appeals) regarding interest levied.
4. Tribunal's decision on the maintainability of the appeal.
5. Interpretation of Section 246A(1)(c) regarding appealable orders before Commissioner(Appeals).

Analysis:
The judgment pertains to the assessment year 1985-86 and centers around the completion of assessment post the disposal of an application by the assessee under Section 245C by the Settlement Commission at Chennai. The original assessment was finalized under Section 143(3) of the Income Tax Act in March 1988. Subsequently, the Settlement Commission admitted the application and settled the matter in June 1993. The assessing officer then completed the assessment proceedings and issued an order in June 1994, which included levying interest under Section 220(2) and adjusting the income from a partnership firm. The appellant challenged this order before the Commissioner of Income Tax(Appeals), who dismissed the appeal, leading to an appeal before the Tribunal.

The Tribunal, without delving into the merits of the Commissioner's order, ruled that it could not examine issues related to the assessment due to the Settlement Commission's orders. However, the High Court found that under Section 246A(1)(c), an assessee aggrieved by an order under Section 154 can appeal to the Commissioner of Income Tax(Appeals). The Tribunal's stance on the appeal's maintainability was deemed unjustified as the appeal was correctly filed under Section 154. Consequently, the High Court set aside the Tribunal's order and remitted the matter back for a detailed consideration on merits.

In conclusion, the judgment emphasizes the proper appellate procedure under the Income Tax Act, highlighting the importance of adhering to the relevant sections for filing appeals and ensuring that appeals are considered on their merits. The High Court's decision provides clarity on the jurisdiction of appellate authorities in handling appeals related to assessment orders and the levying of interest under the Income Tax Act.