2007 (4) TMI 171 - HC - Income Tax

Appeal to Commissioner(A) - HC held that as per Section 251 of the Act Commissioner(A) has right to enhance assessment on the basis of information furnished by the AO and accordingly dismissed the appeal of assessee

Summary

Issues:
Challenge to enhancement of income assessment by Commissioner of Income Tax (Appeals) based on information from Assessing Officer.

Analysis:
The petitioner filed a petition under Articles 226/227 of the Constitution of India seeking to quash a notice issued by the Commissioner of Income Tax (Appeals) proposing the enhancement of income assessed by the Assessing Officer under Section 251 of the Income Tax Act, 1961. The petitioner's income was initially declared at Rs. 30,856/- but was later assessed by the Assessing Officer at Rs. 1,38,30,856/-, considering certain transactions as concealed income. The Commissioner of Income Tax (Appeals) issued a notice for enhancement of income based on information from the Assessing Officer, leading to the petitioner challenging this action as being without jurisdiction. The petitioner argued that only the Commissioner of Income Tax could suo moto exercise the power to enhance income under Section 251 of the Act.

Upon analyzing Section 251 of the Income Tax Act, which outlines the powers of the Commissioner (Appeals), it was found that the Appellate Authority is empowered to confirm, reduce, enhance, or annul assessments, with the condition that the assessee must be provided with a reasonable opportunity of being heard before any enhancement. The Act does not restrict the source of information for enhancing income, and the principle of natural justice serves as a sufficient safeguard for exercising such powers. Referring to a decision by the Kerala High Court, it was established that the Income-tax Officer can alert the Commissioner of Income Tax (Appeals) about errors or omissions in the assessment, allowing the appellate authority to enhance the assessment even based on information from the Assessing Officer. The Court held that the power to enhance income can be exercised by the Commissioner of Income Tax (Appeals) even if prompted by the Assessing Officer.

In conclusion, the Court found no merit in the petitioner's challenge and dismissed the petition, affirming the Commissioner of Income Tax (Appeals)'s authority to enhance income assessments based on information from the Assessing Officer as permissible under Section 251 of the Income Tax Act.