2008 (9) TMI 13 - HC - Income Tax

CIT invoking Section 263 set aside the assessment framed u/s 143(3) and directed the AO to calculate taxable income according to the merchantile system & directed the AO to pass the consequential orders within a period of 3 months approximately revenue s appeal against that order was dismissed by tribunal concluding that the time for passing the consequential order had expired since no orders passed within 3 months, decision of tribunal was right no substantial question of law arise

Summary

Issues:
1. Appeal against order passed by Income Tax Appellate Tribunal for assessment year 1999-2000.
2. Failure to pass consequential order by Assessing Officer as directed by Commissioner of Income Tax under Section 263.
3. Interpretation of provisions of Section 263(1) regarding passing of consequential orders.
4. Determination of reasonable period for passing consequential orders in absence of specified limitation.

Analysis:
1. The appeal was filed against the order passed by the Income Tax Appellate Tribunal for the assessment year 1999-2000. The Commissioner of Income Tax had set aside the assessment order under Section 263 of the Income Tax Act, directing the Assessing Officer to calculate taxable income according to the merchantile system of accounting within a specified time frame.

2. The issue arose when it was found that the Assessing Officer had not passed any consequential order within the prescribed time limit. The Tribunal dismissed the appeal as infructuous based on this failure to comply with the Commissioner's directive, leading to the contention that no specific limitation period was prescribed for passing such consequential orders.

3. The court analyzed the provisions of Section 263(1) which empower the Commissioner to pass orders as circumstances justify, including directing a fresh assessment. The specific direction given by the Commissioner for passing consequential orders within approximately three months was considered in line with the authority granted under this section. The court emphasized that a reasonable period for passing consequential orders should be adopted even in the absence of a specified limitation.

4. It was concluded that the Assessing Officer's delay of over three years and eight months in passing the consequential order was beyond a reasonable period. The court upheld the Tribunal's decision that the appeal had become infructuous due to the expiration of the time limit for framing the consequential order. No substantial question of law was found to arise, leading to the dismissal of the appeal.

In summary, the judgment upheld the Tribunal's decision based on the failure to pass the consequential order within a reasonable period as directed by the Commissioner under Section 263, emphasizing the need for timely compliance even in the absence of a specified limitation period.