2002 (5) TMI 4 - SC - Income Tax

Validity of sections 269SS and 271D - single judge of the Madras High Court quashed the prosecution initiated against the respondent by holding that section 269SS is violative of article 14 of the Constitution and, therefore, the prosecution initiated against the respondent was not legal - held that impugned sections are valid, not violative of Constitution of India

Summary

Issues Involved:
1. Constitutional validity of Sections 269SS and 271D of the Income-tax Act, 1961.
2. Whether Section 269SS violates Article 14 of the Constitution.
3. Legislative competence of Parliament to enact Section 269SS.
4. Nature and impact of penalties under Section 276DD and Section 271D.

Detailed Analysis:

1. Constitutional Validity of Sections 269SS and 271D:
The judgment addresses the constitutional validity of Sections 269SS and 271D of the Income-tax Act, 1961. Section 269SS was introduced to curb the practice of unaccounted cash being introduced into the books of accounts as loans or deposits. Section 271D imposes penalties for contravention of Section 269SS. The court upheld these sections, stating they were enacted to prevent tax evasion and false explanations for unaccounted money.

2. Violation of Article 14:
The appellant argued that Section 269SS violates Article 14 of the Constitution as it penalizes only the borrower and not the lender, which they claimed was discriminatory. The court dismissed this argument, stating that the object of Section 269SS is to prevent taxpayers from giving false explanations for unaccounted money. The court reasoned that the borrower is more likely to evade tax by giving false explanations or making false entries, and thus, the classification made by Parliament is valid and has a nexus with the object sought to be achieved.

3. Legislative Competence:
The appellant contended that Parliament lacked the legislative competence to enact Section 269SS, arguing that loans or deposits are not "income" under Entry 82 in List I of the Seventh Schedule. The court rejected this contention, emphasizing that legislative entries should be interpreted broadly. The court stated that any ancillary or subsidiary provision that aids in achieving the object of the legislation is valid. The court held that Section 269SS is within Parliament's competence as it relates to the collection of income-tax and preventing tax evasion.

4. Nature and Impact of Penalties:
The original Section 276DD imposed imprisonment and fines for violations of Section 269SS, which was later replaced by Section 271D, imposing only fines. The court noted that Section 273B provides relief by allowing no penalty if the taxpayer proves there was a reasonable cause for the failure to comply with Section 269SS. This provision mitigates undue hardship by giving discretionary power to the authority imposing the penalty. The court concluded that neither Section 269SS nor Section 271D is unconstitutional or draconian.

Conclusion:
The court allowed Criminal Appeal No. 601 of 1992, setting aside the impugned judgment, and dismissed Civil Appeal No. 4478 of 2000, upholding the constitutional validity of Sections 269SS and 271D of the Income-tax Act, 1961.