2015 (10) TMI 817 - HC - Income Tax

Leviability of interest under Section 12 and 12A of the Interest Tax Act and Section 220(2) of the Income Tax Act on assessee - Held that - The proceedings impugned in the present appeal are only consequential to the original order of assessment. The original order of assessment has been upheld by this court 2014 (9) TMI 429 - MADRAS HIGH COURT wherein the order of the Tribunal got reversed. It was on the basis of the very same order of the Tribunal, the present impugned order has been passed. Therefore, the order of the Tribunal impugned in this appeal should also meet with the very same fate. Hence, the question of law is answered against the assessee.

Summary

Issues:
1. Interpretation of the Interest Tax Act and Income Tax Act regarding the liability of the assessee for interest under Section 12 and 12A of the Interest Tax Act and Section 220(2) of the Income Tax Act.

Analysis:
The High Court of Madras dealt with the appeal raised by the Revenue concerning the liability of the assessee for interest under specific sections of the Interest Tax Act and the Income Tax Act. The Department initially issued a notice to the assessee under section 10 of the Interest Tax Act for not filing Returns related to chargeable interest for certain assessment years. The assessee contended that they were not a credit institution, thus the Interest Tax Act did not apply to them. However, the assessing officer, considering the benefit claimed by the assessee under section 36(1)(viii) of the Income Tax Act for financial institutions providing long-term finance, held the assessee liable under the Interest Tax Act.

The Commissioner of Income Tax (Appeals) upheld the assessment order, but the Tribunal reversed it, stating that the assessee did not fall under the definition of a "finance company" per the Interest Tax Act. Consequently, the Tribunal ruled that the assessee was not a credit institution as defined in the Interest Tax Act. Subsequently, the Revenue filed appeals against this decision, which were allowed in favor of the Revenue by an order dated 27.8.2014. The court held that the assessee was indeed a financial company or a credit institution, contrary to the Tribunal's ruling.

During the proceedings, the assessee filed a petition under section 17 of the Interest Tax Act, contesting the liability to pay interest under section 12A of the Interest Tax Act and section 220(2) of the Income Tax Act. Initially rejected by the assessing officer, the petition was later accepted by the Commissioner of Income Tax (Appeals) based on a previous Tribunal decision favoring the assessee. The Tribunal upheld the Commissioner's decision, leading to the Revenue challenging this outcome before the High Court.

The High Court noted that the present appeal was consequential to the original assessment order, which had been upheld in a previous judgment. The court emphasized that the order impugned in the current appeal mirrored the one overturned in the earlier appeals. Consequently, the court ruled in favor of the Revenue, stating that the order under challenge should meet the same fate as the previous appeals. Therefore, the question of law was answered against the assessee, and the appeal by the Revenue was allowed with no costs.