2007 (7) TMI 706 - HC - Income Tax

Summary

Issues involved: Challenge to order by revenue u/s 143(1)(a) of the Income-tax Act for disallowing deduction in investment deposit account.

Summary:
The High Court of Punjab and Haryana heard the revenue's challenge against the order passed by the Income-tax Appellate Tribunal related to the assessment year 1990-91. The main issue was whether the Tribunal was correct in holding that the adjustment made by the Assessing Officer under section 143(1)(a) was not sustainable. The Assessing Officer had disallowed the deduction claimed by the assessee for an investment deposit account of Rs. 63,400 due to non-filing of the audit report with the return. The assessee's application for rectification under section 154 was also rejected. However, the Tribunal accepted the assessee's explanation that the audit report was prepared before the return filing but could not be submitted due to the auditors' mistake. The Tribunal ruled in favor of the assessee, stating that the adjustment made by the Assessing Officer was not valid.

The assessee's counsel referred to a Full Bench judgment in CIT v. Punjab Financial Corpn. [2002] 254 ITR 61, which clarified that the Assessing Officer has discretion to consider audit reports even if not filed with the return, granting deduction benefits to the assessee as per the Act. The revenue's counsel failed to distinguish the present case from the settled precedent. Consequently, the Court disposed of the reference, as the issue had already been addressed against the revenue by the Full Bench judgment.