1980 (4) TMI 90 - HC - Income Tax

Summary

Issues:
Interpretation of penalty under section 273(a) of the Income-tax Act, 1961 regarding the inclusion of tax paid on self-assessment under section 140A in computing net tax payable for penalty imposition.

Analysis:

The High Court of PUNJAB AND HARYANA addressed the issue of whether the tax paid on self-assessment under section 140A should be included in calculating the net tax payable for imposing a penalty under section 273(a) of the Income-tax Act, 1961. The Income-tax Appellate Tribunal had earlier allowed an appeal partly, excluding the tax paid on self-assessment from the computation of net tax payable for penalty purposes. The Commissioner sought a reference on this matter, leading to the current judgment.

The Revenue contended that the Tribunal erred in excluding tax paid on self-assessment under section 140A from the calculation of assessed tax for penalty imposition under section 273(a). The argument was based on the definition of "assessed tax" in section 215(5) of the Act, which includes deductions permissible under various sections but does not explicitly exclude tax paid on self-assessment. It was emphasized that the definition of "assessed tax" applies to sections 217 and 273 as well, indicating that tax paid on self-assessment should not be excluded.

The Court analyzed the scheme of the Income-tax Act, highlighting the different stages of tax payment, including deduction at source, advance tax, and self-assessment. It was noted that assessed tax, for penalty calculation under section 273(a), is determined based on regular assessment reduced by permissible deductions and subject to advance tax. The Court emphasized that the omission of section 140A from the definition of assessed tax in section 215(5) indicates that tax paid on self-assessment should not be excluded from penalty calculation.

Section 140A, which deals with self-assessment, was clarified to have no relevance to the imposition of penalty under section 273(a). The Court concluded that the Tribunal erred in directing the exclusion of tax paid on self-assessment under section 140A from the computation of assessed tax for penalty purposes. Consequently, the Court ruled in favor of the Revenue, holding that the penalty under section 273(a) should be levied based only on advance tax paid and tax deducted at source, without considering tax paid on self-assessment under section 140A.

In a concurring opinion, the second Judge agreed with the decision and reasoning provided by the Court. The judgment highlighted the importance of understanding the legislative intent behind the provisions of the Income-tax Act to determine the scope of penalty imposition accurately.