2023 (12) TMI 1308 - HC - Income Tax

Rectification u/s 154 - contribution towards the EPF and ESIC disallowed - Tribunal instead of deciding the case on merits has simply adjudicated the issue on the ground that the rectification application was not maintainable - HELD THAT - After going through the order it appears that though the application was filed under the nomenclature of rectification but if certain amount on which the tax is imposed is not legally recoverable then it also touches upon the merit. Consequently, in order to advance the cause on merits about the issue, we set aside the order of the ITAT and remit back the same to the Income Tax Appellate Tribunal to adjudicate the same on merits.

Summary

Issues involved: Summary assessment u/s 143(1) of the Income Tax Act, disallowance of deduction, rectification application u/s 154, maintainability of rectification application, taxation on legally imposable amount, remittal of case to ITAT for adjudication on merits.

Summary:
1. The appellant contended that a summary assessment u/s 143(1) was conducted due to an audit objection disallowing a deduction of Rs. 21,97,161 related to EPF and ESIC contributions. Despite filing a rectification application u/s 154, the Tax Appellate Tribunal dismissed the case on the grounds of maintainability, instead of addressing the merit of the disallowance. Citing precedent, the appellant argued against taxation on amounts not legally imposable.

2. The respondent department expressed willingness to have the case remitted to the appellate tribunal for a merit-based adjudication.

3. The High Court observed that the issue of disallowance not legally recoverable for taxation goes beyond mere rectification and touches upon the merit. Consequently, the Court set aside the ITAT's order and remitted the case for a thorough consideration of the merits by the Income Tax Appellate Tribunal.

4. The appeal was disposed of with the above observations.