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Issues involved: Appeals by Revenue and cross objections by assessee for assessment years 1993-94, 1994-95, and 1995-96 against orders of Commissioner of Income-tax (Appeals) u/s 17 of Interest-tax Act, 1974.
Summary: In the present case, the original returns declared chargeable interest, but assessments were completed on a higher amount. Appeals were made to Commissioner of Income-tax (Appeals) and then to Income-tax Appellate Tribunal, which remitted the matter back to the Assessing Officer for reconsideration based on judicial pronouncements. However, the Assessing Officer made mistakes while implementing the Tribunal's order, leading to the assessee not receiving full relief. Appeals were again filed before the Commissioner of Income-tax (Appeals), who directed the Assessing Officer to pass a clear order giving full effect to the Tribunal's decision. Subsequently, interest-tax assessments were revised, refunds were granted, but the Assessing Officer, under section 17, withdrew the refund as the chargeable interest was reduced. Upon further review by the Commissioner of Income-tax (Appeals), it was found that the assessing authority's reliance on a Supreme Court decision was misplaced, as the circumstances of the present case differed. The Commissioner held that the assessing authority's actions under section 17 were unwarranted as the assessments were not null and void, but rather modified. The Commissioner emphasized that the assessing authority must abide by the Tribunal's orders and any disputes should be taken to the High Court for resolution. The assessing authority's attempt to rectify the Tribunal's orders independently was deemed unsustainable in law due to lack of jurisdiction. Ultimately, the Tribunal agreed with the Commissioner's findings, stating that the assessing authority's orders under section 17 were not legally sustainable and should be set aside. The cross objections by the assessee were dismissed as they only supported the Commissioner's orders. Consequently, both the Revenue's appeals and the assessee's cross objections were dismissed.
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