2015 (2) TMI 255 - HC - Income Tax

Levy of additional tax on prima facie adjustment u/s 143(1) - Retrospectivity v/s prospectivity - Judgment of Associated Power Company Limited 1995 (11) TMI 5 - SUPREME Court questioned as retrospective - Whether additional tax is leviable even if the liability to pay tax as per the decision of the Apex Court in case of Associated Power Company Limited accrued after filing of the return of Income Tax but before last date of filing of the Income Tax return? - Held that - It is settled legal position that any judgment of the Apex Court interpreting a particular provision would have its applicability for the prospective effect unless it is expressly made retrospective in the said decision. The reference may be made to the decision of the Apex Court in case of Ashok Kumar Gupta and another V/s. State of U.P. and others reported in (1997 (3) TMI 602 - SUPREME COURT). Our answer to the question is to be in negative.

Summary

Issues:
1. Retrospective applicability of a Supreme Court judgment on deductibility of business expenditure.
2. Levying of additional tax based on the judgment's applicability.
3. Consideration of retrospective or prospective operation of the Supreme Court judgment.

Issue 1: Retrospective Applicability of Supreme Court Judgment
The case involved a question of law regarding the retrospective effect of a Supreme Court judgment in the context of income tax assessment. The respondent filed a return for the assessment year 1995-96, claiming an adjustment. Subsequently, the Supreme Court delivered a judgment stating that certain amounts were not deductible as business expenditure. The Tribunal found the tax leviable but not the additional tax, relying on another Supreme Court decision. The High Court held that unless expressly made retrospective, judgments have prospective effect, citing legal principles and previous cases. The Court emphasized that judgments interpreting provisions apply prospectively unless specified otherwise.

Issue 2: Levying of Additional Tax
The Tribunal's decision was based on the correctness of the return filed as per the prevailing law at the time of filing. The question arose whether additional tax could be levied if the liability accrued after filing the return but before the last filing date. Referring to a similar case, the High Court discussed the imposition of additional tax and concluded that in such circumstances, levying additional tax would be penalizing the assessee without fault. The Court held that the additional tax could not be levied in the present case, leading to the dismissal of the appeal.

Issue 3: Consideration of Retrospective or Prospective Operation
The Court acknowledged that the Tribunal did not explicitly consider the retrospective or prospective effect of the Supreme Court judgment in question. The parties suggested reframing the question to address the issue of additional tax liability. The High Court examined a similar case and concluded that additional tax could not be imposed retrospectively in situations where the liability arose after filing the return but before the last filing date. The Court's analysis led to the dismissal of the appeal, emphasizing the prospective application of legal judgments unless specified otherwise.

In conclusion, the High Court clarified the prospective effect of legal judgments unless expressly stated otherwise, leading to the dismissal of the appeal regarding the levy of additional tax based on the applicability of a Supreme Court judgment. The judgment provided a detailed analysis of relevant legal principles and previous cases to support its decision, ensuring clarity on the retrospective or prospective operation of legal interpretations in income tax matters.