2015 (2) TMI 207 - HC - Income Tax

Recovery proceedings - Whether in the facts and circumstances of the case, the up-holding of the addition made by the Assessing Officer on issues not pending on the file of the Assessing Officer is legally sustainable? - Held that - Mere fact that the appeal is pending before the Commissioner of Income Tax (appeals) after the orders of the Tribunal does not oust the jurisdiction of the Assessing Officer to initiate recovery proceedings on the basis of the order passed by it. However, such recovery proceedings shall be subject to final decision in appeal by the Commissioner of Income Tax (Appeals) or thereafter. Therefore, the additions made by the Assessing Officer would be deemed to be final till such time the same are set aside in appeal. No substantial question of law arises for consideration; hence, the appeals are dismissed.

Summary

Issues:
- Legality of orders passed by the Assessing Officer
- Addition made by the Assessing Officer on issues not pending before him
- Confirmation of orders passed by the Assessing Authority on pending issues
- Legality of weighted deduction addition
- Addition made by the Assessing Authority in giving appeal effect to the order of the I.T.A.T.

Analysis:

The judgment by the High Court of Punjab & Haryana dealt with Income Tax Appeal Nos.147 and 148 of 1999 arising from orders passed by the Income Tax Appellate Tribunal. The issues raised by the assessee included the legality of orders, additions made by the Assessing Officer, and the confirmation of orders by the Assessing Authority. The Tribunal had directed the first Appellate Court to pass a speaking order on certain issues, which led to subsequent appeals and orders.

The Assessing Officer initially raised demands for two assessment years, which were partly accepted in appeals filed by the assessee. However, the Tribunal accepted the appeals by the Revenue and directed the first Appellate Court to reconsider certain issues. The Tribunal set aside the impugned order for fresh hearing, emphasizing the need for a speaking order on specific matters for both assessment years.

Subsequently, the Assessing Officer passed a consequential order giving effect to the Tribunal's decision, which was further appealed by the assessee. The Commissioner of Income Tax (Appeals) dismissed the appeal, stating that the Assessing Officer was justified in reviving the demand against the assessee. However, after rehearing, the Commissioner passed another order directing proper verification and inquiries into bad debts.

The High Court observed that once the Tribunal set aside the Commissioner's order, the Assessing Officer's order became final and operative until set aside in appeal. The Court clarified that the pendency of an appeal before the Commissioner did not prevent the Assessing Officer from initiating recovery proceedings based on the existing order. The additions made by the Assessing Officer were deemed final until overturned on appeal.

Ultimately, the Court found that no substantial question of law arose for consideration, leading to the dismissal of the appeals. The judgment emphasized the finality of the Assessing Officer's orders subject to appeal decisions and highlighted the Assessing Officer's authority to proceed with recovery actions despite pending appeals.

In conclusion, the High Court's judgment provided a detailed analysis of the legal issues surrounding the orders passed by the Assessing Officer, the Tribunal's directions, and the subsequent appeals. The Court clarified the legal standing of the Assessing Officer's decisions pending appeal outcomes and affirmed the finality of such decisions until overturned through the appellate process.