2009 (12) TMI 52 - HC - Income Tax

Power to reviser the assessment order Section 263 power of the commissioner - The assessee filed her return of income on 15.12.2004 admitting a total income of Rs.7,77,440/- for the assessment year 2004-05. The same was processed under Section 143(1) of the Income Tax Act on 20.06.2005. Thereafter, the case was taken up for scrutiny and the regular assessment under Section 143(3) was completed on 20.11.2006, determining the total income at Rs.8,02,440 - By exercising the power under Section 263 of the Income Tax Act, 1961, the Commissioner of Income Tax (Appeals), Chennai VI, has set aside the order passed by the Assessing Officer and further directed the Assessing Officer to pass a fresh assessment order by following the procedure contemplated under Section 50 C (2)(b) of the Income Tax Act. held that - Remanding the matter, the Commissioner of Income Tax (Appeals) ought not to have given a specific direction to complete the assessment in a particular manner. Further, the Tribunal has only set aside the above said direction by which the Assessing Officer was directed to complete the assessment by following Section 50 C (2)(b) of the Act No power to CIT to direct the assessing officer to make assessment in a particular manner decided against the revenue

Summary

Issues:
1. Interpretation of the power of Commissioner of Income Tax under Section 263 of the Income Tax Act.
2. Whether the Commissioner can direct the Assessing Officer to complete the assessment in a specific manner.
3. Comparison of the power under Section 263 with similar provisions in other laws.

Analysis:
1. The case involved an appeal by the revenue against the Tribunal's order regarding the Commissioner's power under Section 263 of the Income Tax Act. The Commissioner had set aside the Assessing Officer's order and directed a fresh assessment. The revenue contended that the assessment order was erroneous and prejudicial to revenue, justifying the Commissioner's intervention under Section 263.

2. The Court emphasized that the Commissioner's power under Section 263 can be exercised when the Assessing Officer's order is both erroneous and prejudicial to revenue. Referring to the "Malabar Industrial Co. Ltd. v. Commissioner of Income Tax" case, the Court highlighted the wide scope of this power. However, the Court examined whether the Commissioner can direct the Assessing Officer on the assessment process.

3. The Court rejected the revenue's argument that the Commissioner could direct the assessment process, stating that such a power is not vested in the Commissioner. Drawing a parallel with the Central Excises and Salt Act, the Court referenced the "Union of India vs. Tata Engineering & Locomotives Co. Ltd" case to emphasize that the authority cannot dictate the specific manner of assessment. The Tribunal's decision to set aside the direction to complete the assessment in a particular manner was upheld.

4. Ultimately, the Court dismissed the revenue's appeal, affirming the Tribunal's decision. The judgment clarified that while the Commissioner can revise an erroneous assessment, directing the specific assessment process is beyond the Commissioner's authority. The Court's decision was based on the principle that the assessing authority should have the discretion to conduct the assessment as deemed fit, without external interference on the procedural aspects.