1985 (7) TMI 7 - HC - Income Tax

Summary

Issues: Show-cause notice under section 263 of the Income-tax Act, validity of remand order by the Income-tax Appellate Tribunal, jurisdiction of the Commissioner under section 263, sufficiency of service, application under section 256(2) of the Act.

Analysis:
The High Court of Rajasthan dealt with a case where the Commissioner of Income-tax issued a show-cause notice under section 263 of the Income-tax Act to the assessee for the assessment years 1977-78 and 1978-79, seeking to reopen the assessments made by the Income-tax Officer under section 143(1) of the Act. Despite the assessee not appearing, the Commissioner passed an ex parte order setting aside both assessments and directing a fresh enquiry. The assessee appealed to the Income-tax Appellate Tribunal, which, while acknowledging valid service of the notice, remanded the matter to the Commissioner to determine the competence of the Income-tax Officer to conduct a fresh enquiry. The assessee contended that the remand order was unjustified and sought direction to the Tribunal to refer specific questions to the High Court, including the jurisdiction of the Commissioner under section 263.

The High Court rejected the assessee's argument, emphasizing that the Tribunal's remand allowed the assessee to raise questions before the Commissioner regarding the competence of proceedings under section 263. The Court declined to interfere at that stage and opined that the Tribunal's decision to remand the matter for fresh consideration was sufficient. The Court highlighted that the assessee could challenge the validity of the proceedings under section 263 before the Commissioner, and any further questions could be addressed in an appeal to the Tribunal against the Commissioner's decision. The Court dismissed the idea of calling for a reference, stating that the sufficiency of service was no longer relevant once the matter had been remanded to the Commissioner, as the entire case had been reopened for consideration.

In conclusion, the High Court found no justification to call for a reference and dismissed the application under section 256(2) of the Income-tax Act. The judgment underscores the importance of allowing the Commissioner to re-examine the case and the assessee's right to raise all relevant questions during the proceedings before the tax authorities and the appellate tribunal.