2022 (1) TMI 1189 - AT - Income Tax

Admission of additional grounds - Addition made under MAT provisions of the Act consisting of profit on sale of vessels and disallowance under section 14A - HELD THAT - These were not challenged before the Ld. First Appellate Authority in quantum proceedings, and therefore the Ld. Assessing Officer did not give any relief on said additions. The additions under MAT provisions have been raised for first time before us. The assessee in ground No. 2 (two) of the appeal has raised the issue that Ld. CIT(A) has not considered those ground as additional ground and not considered the decision of the Hon ble Supreme Court in the case of National Thermal Power Company Ltd Vs CIT 1996 (12) TMI 7 - SUPREME COURT . The Ld. Counsel accordingly prayed orally for admitting the grounds challenging the additions as additional grounds. The Ld. departmental representative did not object for the oral plea of the assessee for admitting those grounds as additional ground. The assessee can raise legal grounds at any stage of the appellate proceedings. In view of above facts and circumstances and in the interest of substantial justice, we find it appropriate to admit the grounds related to additions made under MAT provisions as additional ground and remit the issue back to the file of the Ld CIT(A) for adjudication afresh- Appeal filed by the assessee is allowed for statistical purposes.

Issues Involved:
1. Dismissal of grounds without providing an opportunity for submissions.
2. Grounds not emerging from the order giving effect to CIT(A)'s order.
3. Finality of the addition under Section 115JB.
4. Non-consideration of submissions covered in favor of the assessee.
5. Deduction of profit on the sale of a depreciable vessel.
6. Addition in book profit under MAT due to disallowance under Section 14A.
7. Disallowance under Section 14A for expenses incurred for earning tax-free income.
8. Applicability of Section 14A to Tonnage Tax companies.
9. Charging of interest under Sections 234B, 234D, and 220(2).
10. Adjustment of demand for Assessment Year 2008-09 without providing the date of adjustment.

Issue-wise Detailed Analysis:

1. Dismissal of Grounds Without Providing an Opportunity for Submissions:
The assessee contended that the CIT(A) erred in dismissing the grounds raised against the order giving effect to CIT(A)'s order without providing an opportunity to furnish submissions, violating the principles of natural justice. The Tribunal acknowledged this contention and noted that the assessee should have been given a chance to present their case.

2. Grounds Not Emerging from the Order Giving Effect to CIT(A)'s Order:
The CIT(A) dismissed the grounds on the basis that they did not emerge from the order giving effect to CIT(A)'s order. The Tribunal found that the grounds related to the additions made by the Assessing Officer, which were not raised before the CIT(A) and thus required consideration.

3. Finality of the Addition Under Section 115JB:
The CIT(A) stated that the addition made under Section 115JB had attained finality and could not be adjudicated in the proceedings before the CIT(A). The Tribunal, however, noted that the assessee did not challenge the MAT provisions in the original appeal because the tax liability was determined under the regular provisions of the Act.

4. Non-consideration of Submissions Covered in Favor of the Assessee:
The assessee argued that the CIT(A) failed to consider submissions that were covered in favor of the assessee in its own case. The Tribunal agreed that the CIT(A) should have considered these submissions and the relevant case law.

5. Deduction of Profit on the Sale of a Depreciable Vessel:
The CIT(A) did not allow the deduction of profit on the sale of a depreciable vessel while computing book profit under Section 115JB. The Tribunal noted that the jurisdictional ITAT had held that profit on the sale of depreciable assets could not be included in book profit under Section 115JB, and thus the CIT(A) should have followed this precedent.

6. Addition in Book Profit Under MAT Due to Disallowance Under Section 14A:
The CIT(A) confirmed the addition of ?75,87,317 in book profit under MAT on account of disallowance under Section 14A. The Tribunal found that the jurisdictional High Court of Bombay had ruled that Section 14A disallowance could not be added to book profit under MAT, and thus the CIT(A) erred in confirming this addition.

7. Disallowance Under Section 14A for Expenses Incurred for Earning Tax-free Income:
The CIT(A) confirmed the disallowance of ?75,87,317 under Section 14A, despite the assessee's claim that no direct or indirect expenditure was incurred to earn the exempt income. The Tribunal noted that the ITAT had held that no addition could be made under Section 14A when a company is taxed under the Tonnage Tax provisions.

8. Applicability of Section 14A to Tonnage Tax Companies:
The CIT(A) did not consider the judgment of the Mumbai ITAT, which held that Section 14A is not applicable to Tonnage Tax companies. The Tribunal agreed that the CIT(A) should have considered this judgment and ruled accordingly.

9. Charging of Interest Under Sections 234B, 234D, and 220(2):
The CIT(A) confirmed the charging of interest under Sections 234B, 234D, and 220(2). The assessee argued that no interest should be charged as the original tax payable was adjusted against refunds. The Tribunal found that the CIT(A) should have considered the assessee's argument and the relevant facts.

10. Adjustment of Demand for Assessment Year 2008-09 Without Providing the Date of Adjustment:
The CIT(A) adjusted the demand for Assessment Year 2008-09 without providing the date of adjustment or the challan for the said adjustment. The Tribunal noted that the assessee is entitled to interest under Section 244A up to the date of adjustment and thus the CIT(A) should have provided the necessary details.

Conclusion:
The Tribunal allowed the appeal for statistical purposes and remitted the issues back to the CIT(A) for fresh adjudication, emphasizing the need to consider the additional grounds raised by the assessee and the relevant legal precedents. The Tribunal also highlighted the importance of adhering to the principles of natural justice and providing a fair opportunity for the assessee to present their case.

← Previous Next →