1973 (3) TMI 48 - HC - Income Tax

Summary

Issues: Competency of Additional Commissioner of Income-tax to file application under section 256(1) of the Income-tax Act, 1961.

The judgment by the High Court of GAUHATI addressed the issue of the competency of the Additional Commissioner of Income-tax to file an application under section 256(1) of the Income-tax Act, 1961. The Additional Commissioner filed an application before the Income-tax Appellate Tribunal, Gauhati Bench, seeking reference to the High Court for decision on certain questions raised in two connected income-tax appeals. The assessee raised a preliminary objection regarding the competency of the Additional Commissioner to file the application, leading to the Tribunal overruling the objection and prompting a writ application. The learned counsel for the petitioners argued that the Additional Commissioner was not authorized to file the application under section 256(1) based on a specific notification, despite not challenging the validity of the notification itself. The court analyzed the relevant sections of the Income-tax Act, emphasizing that the term "Commissioner" includes an Additional Commissioner and grants both the Commissioner and the assessee equal rights to apply for reference under section 256(1). The court concluded that the Additional Commissioner had the statutory right to make the application under section 256(1) without the need for further authorization through a notification.

Moreover, the court rejected the argument that the notification limited the Additional Commissioner's authority to take steps before a reference was pending before the High Court, stating that such a narrow interpretation was unwarranted. The judgment also addressed the reliance on a decision by the Delhi High Court, emphasizing that it was not directly relevant to the issue at hand, as it pertained to the revision power of the Additional Commissioner under different sections of the Act. Ultimately, the court dismissed both applications and discharged the rules nisi without imposing any costs. The judgment, concurred by both judges, clarified the statutory rights of the Additional Commissioner under section 256(1) and affirmed the validity of the application filed by the Additional Commissioner in the present case.