2016 (11) TMI 1015 - HC - Income Tax

Reopening of assessment - respondent has contended that AO while deciding the assessment has gone to the unamended provisions - Held that - The AO has not applied the amended provisions and in that view of the matter, we are of the opinion that the view taken by the AO, since return was not filed under section 148 of the Income Tax Act, first question is required to be answered against assessee as the AO has not touched amended provisions and in that view of the matter, the first issue is answered against the assessee.

Summary

Issues:
Challenging Tribunal's order remanding to AO, Validity of reassessment proceedings, Justification of interest levy under sections 139(8) and 215/217.

Analysis:
The appellant challenged the Tribunal's decision remanding the case to the Assessing Officer (AO) after confirming the order of the Commissioner of Income Tax (Appeals). The High Court framed two questions for consideration: first, whether the findings by the Tribunal and the AO were unsupported by evidence, contrary to the record, and vitiated, and second, whether the ITAT was justified in upholding the interest levy under sections 139(8) and 215/217 in a reassessment case.

The appellant's counsel referred to the orders of the AO, CIT (Appeals), and ITAT, citing Supreme Court decisions confirming similar orders by other High Courts. The AO directed the issuance of a demand notice, credit for prepaid taxes, interest charges, and initiated penalty proceedings separately. The ITAT directed the AO to decide on the interest issue under sections 139(8) and 215/217.

Considering decisions from various High Courts, the respondent's counsel argued that the AO had not applied amended provisions during assessment, leading to a just and proper assessment. The High Court opined that since the return was not filed under section 148 of the Income Tax Act and the AO did not consider amended provisions, the first issue was decided against the assessee. However, the second issue was decided in favor of the assessee based on precedents from Allahabad and Punjab & Haryana High Courts.

After hearing both parties, the High Court ruled in favor of the department on the first issue due to the AO's failure to apply amended provisions. The second issue was decided in favor of the assessee, following the decisions of Allahabad and Punjab & Haryana High Courts. Consequently, the appeal was disposed of accordingly.