1987 (6) TMI 95 - AT - Income Tax

Advance Tax, Appellate Assistant Commissioner, Assessment Year, Interest Payable By Assessee, Late Filing, Mistake Apparent From Record

Summary

Issues:
Assessment under sections 143(1) and 143(3), levy of interest under sections 139(8) and 215, rectification under section 154, provisional assessment under section 141A, adjustment of refunds against advance tax payable, justification for levy of interest, appeal against levy of interest, special provisions of section 143(1) as a complete code.

Analysis:
The appeals before the Appellate Tribunal involved an identical issue regarding the assessment of Hindu undivided families under sections 143(1) and 143(3), and the levy of interest under sections 139(8) and 215. The assessees had filed a petition under section 154 seeking rectification of the assessment to delete the interest levied. The Appellate Assistant Commissioner directed the Income-tax Officer to rectify the assessment under section 154, stating that if a provisional assessment under section 141A had been made as requested by the assessees, it would have resulted in refunds that could be adjusted against the advance tax payable, thereby avoiding the interest levy. The revenue contended that without a provisional assessment under section 141A, no refunds were due, and the assessees were liable to pay interest for late filing and insufficient advance tax payments. The Appellate Tribunal considered the submissions and held that the assessees were indeed liable to pay advance tax, as no refunds were due without a formal order under section 141A, and dismissed the appeals against the levy of interest under sections 139(8) and 215.

The Tribunal further addressed the issue of rectification under section 154 in cases of assessments under section 143(1). Referring to a previous decision, it noted that the provisions of section 143(1) constituted a complete code in themselves, and therefore, rectification under section 154 was not permissible for assessments completed under section 143(1). The Appellate Assistant Commissioner erred in entertaining appeals in such cases. Consequently, the Tribunal set aside the orders of the Appellate Assistant Commissioner and allowed the department's appeals. The judgment emphasized the distinction between provisional assessments under section 141A and formal assessments, highlighting that refunds contingent upon provisional assessments could not be adjusted against advance tax payable until a formal order was issued. It also underscored that the special provisions of section 143(1) precluded the application of general provisions like section 154 for rectification in certain assessment scenarios, reaffirming the principle that special provisions prevail over general ones.

In conclusion, the Tribunal upheld the Income-tax Officer's decision to levy interest under sections 139(8) and 215 due to the assessees' liability to pay advance tax and the absence of formal refunds. The judgment clarified the legal framework governing assessments, rectifications, and interest levies under the Income-tax Act, providing a comprehensive analysis of the issues raised in the appeals before the Tribunal.