2020 (9) TMI 576 - HC - Income Tax

Validity of reopening of assessment - computation of deduction u/s 80M - As per tribunal grounds does not arise out of the reasons recorded by the learned assessing Officer - AR has not controverted the findings of the learned Commissioner of Income Tax (A) that this ground does not arise out of the order of reassessment of the learned Assessing Officer - HELD THAT - Tribunal has not given any independent reasons as to why the grounds canvassed by the assessee before the Tribunal does not merit consideration. The Tribunal is required to record reasons as to why there is disagreement with the finding of the Lower Appellate Authority and why the grounds raised by the assessee cannot be entertained. Since the order is devoid of reasons, we are constrained to interfere with the impugned order to the extent indicated and remand the matter back to the Tribunal for fresh consideration - above two issues are set aside and remanded to the Tribunal for fresh consideration.

Summary

Issues:
1. Validity of reopening of assessment
2. Computation of deduction under Section 80M of the Income Tax Act

Issue 1: Validity of reopening of assessment

The case involved an appeal by an authorized bank challenging the order of the Income Tax Appellate Tribunal regarding the reopening of assessment for the assessment year 1992-93. The appellant raised substantial questions of law regarding the validity of the reopening of assessment. The Tribunal did not provide reasons for why the grounds raised by the assessee could not be decided in their favor. The two main contentions were the reopening of assessment under Section 147 of the Income Tax Act and the computation of deduction under Section 80M of the Act. The appellant had succeeded on merits, and the appeal was pursued on these two grounds. The Tribunal dismissed the first ground of appeal as it did not arise out of the reasons recorded by the assessing officer. For the second ground, the Tribunal noted that the ground did not arise out of the reassessment order. However, the Tribunal did not provide independent reasons for dismissing the grounds raised by the assessee.

Issue 2: Computation of deduction under Section 80M of the Income Tax Act

Regarding the computation of deduction under Section 80M, the appellant contended that the assessing officer erred in disallowing a certain amount towards expenditure in computing the deduction. The appellant argued that no expenditure was incurred for earning the dividend income and that no amount should have been disallowed. The Tribunal did not find merit in the appellant's argument and dismissed the ground of appeal. The Tribunal held that the authorized representative did not contest the findings of the Commissioner of Income Tax (Appeals) that the ground did not arise out of the reassessment order. The Tribunal's decision lacked detailed reasoning for dismissing the appellant's contentions, leading to the High Court allowing the Tax Case Appeal and remanding the matter back to the Tribunal for fresh consideration in accordance with the law.

In conclusion, the High Court set aside the impugned order and remanded the case to the Tribunal for a reevaluation of the issues raised by the appellant. The Court emphasized the importance of providing detailed reasons for decisions in tax matters and directed the Tribunal to reconsider the case with proper justification.