1993 (6) TMI 119 - AT - Income Tax

Summary

Issues:
1. Appeal against refusal to entertain appeal under section 246 of the Income-tax Act.
2. Claim for exemption under section 10(8) denied by Income-tax Officer.
3. Interpretation of relevant provisions of law regarding appealability under section 246.
4. Validity of summary assessment under section 143(1)(a) without issuing notice under section 143(2).

Analysis:
1. The appeal was filed against the decision of the DC (Appeals) who refused to entertain the appeal on the basis that the order passed by the Income-tax Officer under section 143(1)(a) was not appealable under section 246 of the Income-tax Act. The appellant, an individual deriving salary income, claimed exemption under section 10(8) but the Income-tax Officer assessed a net taxable income, rejecting the exemption claim and creating a tax demand.

2. The appellant contended that the DC (Appeals) misinterpreted the law, arguing that the appeal under section 246 should be allowed when an assessee denies liability to be assessed. The appellant relied on the decision of the Hon'ble Delhi High Court and urged for a liberal construction of the appeal provisions. The Tribunal found merit in the appellant's argument as the Income-tax Officer made a summary assessment under section 143(1)(a) without issuing a notice under section 143(2) to allow the appellant to substantiate the exemption claim.

3. The Tribunal held that the Income-tax Officer's order under section 143(1)(a) was not supportable under the law. The Tribunal noted that the issue raised by the appellant was debatable, and the Income-tax Officer should have given an opportunity to the appellant to explain the claim for exemption. The Tribunal concluded that the order under section 143(1)(a) was akin to an order under section 143(3) without proper notice or opportunity for the appellant.

4. Therefore, the Tribunal set aside the Income-tax Officer's order and restored the matter to the stage of the return being filed, awaiting an order from the Income-tax Officer. The Tribunal allowed the appeal, emphasizing the need for proper adjudication of the exemption claim under section 10(8) and the necessity for following due process in assessments.