1985 (12) TMI 91 - AT - Income Tax

Summary

Issues:
- Appeal filed by assessee under section 248 of the Income-tax Act, 1961 against the order of Commissioner (Appeals) dated 16-12-1983.
- Dispute regarding the rate of tax charged by the ITO under section 195(2) of the Act.
- Interpretation of section 195(2) in relation to the proportion of the amount chargeable to tax and the rate of tax applicable.

Analysis:
The appeal was filed by the assessee under section 248 of the Income-tax Act, 1961 against the order of the Commissioner (Appeals) dated 16-12-1983, which related to the order passed by the ITO under section 195(2) of the Act. The grounds of appeal raised various issues, including the disagreement with the tax rate charged by the ITO and the applicability of section 195(2) in determining the tax liability. The Tribunal examined section 195(2) which allows a person to file an appeal if they deny the liability to make deductions directed by the section. It was noted that section 195(2) pertains to determining the appropriate proportion of the sum chargeable to tax and does not address the rate of tax to be applied to the chargeable amount.

During the hearing, the representative for the assessee was unable to provide a copy of the application made under section 195(2) to the ITO. It was clarified that the dispute raised before the ITO was not about the proportion of the amount chargeable to tax but rather focused on the appropriate rate of tax to be applied. The Tribunal emphasized that the dispute regarding the tax rate falls outside the scope of section 195 and is instead addressed under section 246(1)(c) for appeals related to the rate of tax applied in computing tax. Consequently, the order passed by the ITO under section 195(2) was deemed non-existent in the eyes of the law, leading to the dismissal of the appeal filed by the assessee.

In conclusion, the Tribunal dismissed the appeal on the grounds that the order passed by the ITO under section 195(2) was misconceived as it dealt with the rate of tax, which is not within the purview of that section. The Tribunal clarified that disputes regarding the tax rate are addressed under a different section of the Act, rendering the appeal incompetent and misconceived.