2014 (8) TMI 689 - HC - Income Tax

Rectification of order u/s 154 Effective date for interest u/s 244A - Whether the assessee is entitled to be paid interest u/s 244-A of the Act from the date on which the application in respect of that amount was made or any date anterior to that Held that - A perusal of the order dated 26.05.1999 discloses that the revenue did not put the assessee on notice before taking such a view - he rectified the order, dated 15.03.1999 in exercise of power u/s 154 of the Act - He did not make any attempt to undertake the corresponding rectification in the order of assessment, dated 15.03.1999 revenue seems to have felt that once the order dated 15.03.1999 is rectified, the effect would automatically fall upon the order of assessment - The figure was arrived at by calculating the interest from the relevant date in the AY which is referable to 1996 - once the revenue allowed the interest from that date, valuable rights accrued to the assessee - the exercise can be redone by the revenue after issuing notice, only on the limited aspect of the interest, payable u/s 244-A of the Act Decided in favour of assessee.

Issues:

1. Rectification of orders passed under Section 154 of the Income Tax Act.
2. Jurisdiction of assessing officer to rectify errors in orders.
3. Claiming depreciation and interest under Section 244-A of the Act.
4. Procedural lapses in passing orders under Section 154 and Section 264 of the Act.

Issue 1: Rectification of orders passed under Section 154 of the Income Tax Act

The petitioner filed a writ petition seeking to quash orders passed by the 2nd respondent under Section 154 of the Income Tax Act and a revision order by the 1st respondent under Section 264 of the Act. The initial order allowed depreciation claimed by the petitioner, resulting in a refund and interest under Section 244-A. Subsequently, the 2nd respondent rectified the interest amount, leading to the petitioner challenging this rectification through the writ petition.

Issue 2: Jurisdiction of assessing officer to rectify errors in orders

The petitioner argued that the 2nd respondent did not have the authority to rectify the order without any notice or inquiry, especially when the assessment order under Section 143(3) was not touched. On the other hand, the Standing Counsel for the Income Tax Department contended that the rectification was necessary due to an error in the interest calculation related to the depreciation claim made by the petitioner.

Issue 3: Claiming depreciation and interest under Section 244-A of the Act

The petitioner initially claimed depreciation but later realized an additional amount should have been claimed. After rectification, a refund and interest under Section 244-A were directed to be paid to the petitioner. However, the subsequent rectification by the 2nd respondent altered the interest amount payable, leading to a dispute over the correct calculation and the date from which interest should be paid.

Issue 4: Procedural lapses in passing orders under Section 154 and Section 264 of the Act

The petitioner raised concerns regarding procedural lapses in the passing of orders under Section 154 and Section 264 of the Act. It was argued that proper notice and inquiry were not conducted before rectifying the order, and the revision under Section 264 did not address these procedural issues but focused on the merits of the case. The court noted the absence of notice before altering the interest amount and emphasized the importance of due process in such rectifications.

In the judgment, the court found that the rectification by the 2nd respondent lacked proper notice to the petitioner, leading to a serious procedural lapse. The court emphasized the necessity of issuing a notice before altering the interest amount payable under Section 244-A of the Act. As a result, the court allowed the writ petition, setting aside the impugned orders and instructing the 2nd respondent to reevaluate the interest calculation after issuing a notice to the petitioner. The court directed the completion of this exercise within three months, ensuring the integrity of the assessment proceedings for the relevant year while addressing the specific issue of interest payment.

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