2021 (8) TMI 226 - HC - Income Tax

Revision u/s 263 - Validity of order of ITAT, cancelling the order of assessment u/s 115 WE(3) and directing the assessing officer to make an order de novo only for the reason that there is no discussion in the order or in the record of the assessment proceedings - Tribunal confirming the order passed by the Commissioner of Income Tax u/s 263 - HELD THAT - From perusal of the order passed by the Tribunal, it is evident that the Tribunal has not considered the claim of the assessee with regard to fringe benefits under Section 115WE of the Act on merits. It is evident from the aforesaid extract of the impugned order that the Tribunal has not dealt with the claim of the assessee on merits. The impugned order is therefore quashed and the matter is remitted to the Tribunal for decision afresh with regard to the claim of the assessee with reference to fringe benefits, on merits.

Summary

Issues:
- Interpretation of Section 263 of the Income Tax Act, 1961
- Assessment of fringe benefits for the Assessment Year 2008-09

Interpretation of Section 263 of the Income Tax Act, 1961:
The appeal under Section 260A of the Income Tax Act was filed against the order passed by the Income Tax Appellate Tribunal, questioning the justification of confirming the order passed by the Commissioner of Income Tax under Section 263. The substantial question of law raised was whether the Tribunal was correct in canceling the order of assessment under Section 115WE and directing a de novo assessment due to lack of discussion in the assessment proceedings. The Commissioner of Income Tax invoked powers under Section 263, deeming the Assessing Authority's order as erroneous and prejudicial to revenue for not considering certain items for fringe benefit tax. The Tribunal dismissed the appeal, leading to the current appeal.

Assessment of fringe benefits for the Assessment Year 2008-09:
The assessee, a pharmaceutical products company, filed a return of income for fringe benefits for the Assessment Year 2008-09, declaring the total value as NIL. The Assessing Officer accepted this initially, but the Commissioner of Income Tax (Appeals) found the order erroneous for not considering certain expenses that attracted fringe benefit tax. The Tribunal's order did not address the claim of the assessee on merits, leading to the quashing of the order and remitting the matter back to the Tribunal for a fresh decision on the claim of the assessee regarding fringe benefits. The Tribunal's failure to consider the claim on merits was the basis for setting aside the order and remitting the matter for reevaluation.

In conclusion, the High Court quashed the impugned order and remitted the matter back to the Tribunal for a fresh decision on the claim of the assessee with reference to fringe benefits, emphasizing the need for a thorough consideration of the claim on merits.