2006 (6) TMI 62 - HC - Income Tax

Appeal by assessee before tribunal for levy of additional tax in case of loss additional ground raised & affidavit of assessee s counsel was also filed before tribunal & tribunal admitting additional ground remitted the matter to Comm(A) no prejudice to revenue so no question of law arise

Summary

Issues:
1. Admissibility of additional ground raised by the assessee before the Tribunal.
2. Validity of setting aside the levy of additional tax on the assessee.

Analysis:
1. The Revenue filed appeals against the order of the Income-tax Appellate Tribunal regarding the admissibility of additional grounds raised by the assessee. The Tribunal remanded the matter to the Commissioner of Income-tax (Appeals) for considering the case on merits. The Tribunal accepted the plea of the assessee, stating that the claim of not being imposed additional tax sounded reasonable based on the facts and circumstances of the case. The Tribunal held that the issue on merits could not be considered at that juncture since it was not addressed by the Commissioner of Income-tax (Appeals). Consequently, the appeals were allowed in part, and the matter was remitted for further consideration.

2. The second issue involved the validity of setting aside the levy of additional tax on the assessee. The Tribunal considered the arguments presented by both parties and noted that the Commissioner of Income-tax (Appeals) did not consider the issues raised on merits. The Tribunal referred to relevant case law, including decisions of the Supreme Court, to support its decision. It was observed that the additional tax could be levied even if the returned loss is reduced. The Tribunal found the plea made on behalf of the assessee to be reasonable in the given circumstances and directed the matter to be reconsidered on merits by the Commissioner of Income-tax (Appeals). The Tribunal concluded that no substantial questions of law arose for consideration, and the tax cases were dismissed, with no costs imposed.

In summary, the judgment addressed the admissibility of additional grounds raised by the assessee and the validity of setting aside the levy of additional tax. The Tribunal remanded the matter for further consideration on merits, finding the plea of the assessee reasonable based on the facts and applicable legal principles. The decision was made in light of relevant case law and the need for a thorough review of the issues raised.