2020 (8) TMI 765 - HC - Income Tax

Corrected / revised computation of taxable total income filed before ITAT - pleading to admit the fresh claim and for restoring the first appeal for deciding the issues on merits? - appeal was not considered on merits and was dismissed by the CIT (A) by order dated 31.07.2017 on the ground that the assessee has not paid the self assessment tax which the assessee had admitted before the appellate authority - Whether CIT (A) ought to have granted time to the assessee to pay the self assessment tax? - HELD THAT - When the appeal was heard, additional grounds were raised which we find to be entirely factual. On the first issue as to whether the CIT (A) ought to have granted time to the assessee to pay the self assessment tax, is concerned, if we look at Sub Section 4 of Section 249 of the Act, it is made clear that unless and until, the assessee has paid the income tax due on the income returned by him, no appeal under Chapter XX will be admitted. The Statute does not neither give any discretion to the appellate authority to entertain an appeal nor extend the time for paying the self assessment tax, except in respect of cases falling under Clause b of Section 249 (4) in terms of proviso under the said Section. Though such a ground raised in the appeal memorandum filed before the Tribunal, the assessee appears to have been more interested in canvassing the additional grounds with regard to offering a sum of ₹ 82.37 Crores relating to inbuilt revenue which according to the assessee was an inadvertent income. Tribunal has rightly held that there is no satisfactory evidence placed before it to substantiate the assessee's plea that they wrongly computed the admitted income. No Substantial Questions of Law

Summary

Issues:
1. Maintainability of appeal before the First Appellate Authority with corrected computation of taxable total income.
2. Applicability of Section 294(4) of the Income Tax Act after filing revised computation of income.
3. Consideration of revised computation of income in second appeal proceedings.
4. Rejection of additional/fresh claim by the Appellate Tribunal for lack of supporting evidence.

Issue 1 - Maintainability of Appeal Before First Appellate Authority:
The appellant filed an appeal under Section 260 A of the Income Tax Act against the order of the Income Tax Appellate Tribunal. The main issue was whether the appeal before the First Appellate Authority is maintainable when a corrected/revised computation of taxable total income is filed before the Tribunal. The appellant requested to admit the fresh claim and restore the first appeal for deciding the issues on merits. The High Court examined this issue in detail.

Issue 2 - Applicability of Section 294(4) of the Act:
Another issue raised was the applicability of Section 294(4) of the Act after establishing a mistake in the original return of income and furnishing a revised computation of taxable total income before the Tribunal as a fresh claim. The appellant pressed for the right of appeal based on this revised computation. The High Court analyzed the legal provisions and arguments presented to determine the applicability of Section 294(4) in this scenario.

Issue 3 - Consideration of Revised Computation in Second Appeal:
The question arose whether the proceedings of the second appeal before the Income Tax Appellate Tribunal should be considered a continuation of assessment proceedings, especially in the context of entertaining the revised computation of taxable total income to determine the correct tax liability. The High Court delved into the legal framework and precedents to address this issue thoroughly.

Issue 4 - Rejection of Additional/Fresh Claim by Appellate Tribunal:
The Appellate Tribunal rejected the additional/fresh claim made before them for lack of evidences/details supporting the revised computation of taxable total income, despite such details being part of the record. The High Court examined whether this rejection was justified and if it led to perversity in recording the findings of facts. The Court analyzed the evidence presented and the reasoning behind the Tribunal's decision.

In the judgment, the High Court heard arguments from both parties' representatives and reviewed the assessment for the relevant year. It highlighted the grounds raised before the Tribunal and the reasons for dismissing the appeal based on non-payment of self-assessment tax and lack of evidence to support the appellant's claims. The Court emphasized the statutory provisions governing the admission of appeals and the discretion of appellate authorities in granting time for tax payments. Ultimately, the High Court found no substantial questions of law for consideration in the appeal, leading to the dismissal of the Tax Case Appeal without costs.