2009 (9) TMI 235 - HC - Income Tax

Levy of Interest under section 234B. 234C Book Profit The assessee is a company the assessment year in 1997-98 and the only dispute between the assessee and the revenue is the levy of interest under section 234B and 234C of the Act on the premise that the levy of interest under these two provision was not justified in the case of assessee. In this case Karnataka High Court-held that the matter warrants remand to the assessing authority to compute afresh the total income of the assessee even in terms of the provisions of section 115JA of the Act if the situation warrants the determination of the taxable income as provided under section 115JA of the Act and the corresponding tax liability of the assessee on the premise that the surplus amount as indicated in the note to the return filed by the assessee in itself constituted capital gain and that capital gain being part of the total income arrive at the total income afresh and then compute the tax liability in terms of the provisions of section 115JA of the Act and to decide the cases on such premise. the appeals of the Revenue are allowed and the orders of the assessing authority levying interest under section 234B of the Act in respect of the delayed remittance of advance tax is restored Decision in favor of revenue against the assessee.

Issues Involved:
1. Levy of interest under sections 234B and 234C of the Income-tax Act, 1961.
2. Classification of the sale transaction as a "slump sale."
3. Computation of book profits under section 115JA of the Income-tax Act.
4. Applicability of section 50B of the Income-tax Act for the assessment year 1999-2000.
5. Rectification of apparent mistakes under section 254(2) of the Income-tax Act.

Detailed Analysis:

1. Levy of Interest under Sections 234B and 234C:
The primary issue was whether interest under sections 234B and 234C could be levied when the income was computed under section 115JA. The court held that interest under sections 234B and 234C is automatic and mandatory when there is short payment or delayed payment of advance tax and self-assessment tax. The Tribunal's reliance on the bona fides of the assessee and whether the default was committed deliberately was deemed irrelevant. The court emphasized that the provisions of section 115JA(4) explicitly state that all other provisions of the Act, including sections 234B and 234C, apply to the assessee. Therefore, the levy of interest under these sections was justified.

2. Classification of the Sale Transaction as a "Slump Sale":
The court examined whether the transfer of the soft drink unit constituted a "slump sale." It was noted that the statutory definition of "slump sale" under section 2(42C) of the Act was introduced only with effect from April 1, 2000. The court observed that the classification of a transaction as a "slump sale" depends on the facts and circumstances of each case. The Tribunal had held the transaction to be a slump sale, but the court found that even if the transaction was considered a slump sale, it could still attract tax liability. The court concluded that the transaction could be characterized as a slump sale but did not absolve the assessee from tax liability.

3. Computation of Book Profits under Section 115JA:
The court addressed whether the Assessing Officer was justified in recomputing the book profits of the assessee for the purpose of section 115JA. The assessee had shown a surplus amount from the sale of the unit, which was directly transferred to the capital reserve account. The court held that the Assessing Officer was correct in adding this surplus to the book profits under clause (b) of the Explanation to section 115JA, as it was an amount carried to any reserve. The court emphasized that the computation of book profits for the purpose of section 115JA must consider the modifications provided in the Explanation to sub-section (2) of section 115JA.

4. Applicability of Section 50B for the Assessment Year 1999-2000:
The court examined whether the provisions of section 50B, introduced with effect from April 1, 2000, applied to the assessment year 1999-2000. The court held that the transaction of slump sale was taxable even prior to the introduction of section 50B. The Tribunal's direction to compute the capital gains on the transfer of the entire undertaking was upheld, and the matter was remanded to the Assessing Officer for such computation.

5. Rectification of Apparent Mistakes under Section 254(2):
The court considered whether the Tribunal was justified in holding that there were no apparent mistakes in its order that warranted rectification under section 254(2). The court found that the Tribunal's decision was correct and that the non-application of the Supreme Court's decision in Apollo Tyres Ltd. v. CIT did not constitute an apparent mistake. The Tribunal's order was affirmed, and the appeal on this ground was dismissed.

Conclusion:
The appeals filed by the Revenue were allowed, restoring the Assessing Officer's orders levying interest under section 234B. The appeals filed by the assessee were dismissed, affirming the Tribunal's findings on the classification of the sale transaction, computation of book profits, and the applicability of section 50B. The court remanded the matter to the Assessing Officer for fresh computation of the total income and tax liability of the assessee.

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