2010 (4) TMI 107 - HC - Income Tax

Respite from prosecution - Valuation of shares - The appellant has disputed the estimate of the sale price of each share of M/s Angora Wool Combers Pvt Ltd at Rs.139/- as against the sale price of Rs.100/- declared per share. It has been contended that the share price has been adopted at Rs.139/- without any evidence - petitioner submitted that after the said remand, assessment proceedings have not been completed and in view of Section 153(2A) of the Act, no assessment order can be passed because of limitation. Held that This by itself does not merit discharge in the prosecution proceedings, which have been filed under Sections 276C and 277, i.e., willful attempt to evade income-tax and false verification or statements. The alleged technical default may be relevant for the assessment proceeding but does not result in a finding on merits in favour of the petitioner decided against the petitioner assessee

Summary

Issues:
1. Interpretation of an order in income-tax proceedings.
2. Allegation of underpricing shares leading to income tax evasion.
3. Application of Section 153(2A) of the Act in assessment proceedings.
4. Dismissal of the petition and exemption from personal appearance.

Issue 1 - Interpretation of an order in income-tax proceedings:
The judgment discusses a case where an order dated 3rd January, 1995 remanded the matter back to the Assessing Officer to determine the total quantum of addition, specifically the valuation of shares not less than Rs. 100 per share. The Commissioner of Income-Tax's order did not conclusively decide the controversy in favor of the petitioner. The court emphasized that the assessment proceedings were incomplete, and the technical default in assessment did not result in a finding on merits in favor of the petitioner.

Issue 2 - Allegation of underpricing shares leading to income tax evasion:
The judgment highlighted that during a search and seizure under the Income Tax Act in 1983, documents and valuables led to the assessment of the sale consideration of shares at Rs. 46,00,000. It was alleged that the shares were underpriced, with each share's consideration calculated at Rs. 149.36 instead of the claimed Rs. 8 per share. Subsequently, the accused admitted in a letter to the authorities that the sale price of shares was Rs. 100 per share.

Issue 3 - Application of Section 153(2A) of the Act in assessment proceedings:
The counsel for the petitioner argued that due to the remand, assessment proceedings were incomplete, and Section 153(2A) of the Act prevented the passing of an assessment order due to limitations. However, the judgment clarified that this technical default did not warrant discharge in the prosecution proceedings under Sections 276C and 277 for willful evasion of income tax and false verification or statements.

Issue 4 - Dismissal of the petition and exemption from personal appearance:
The petition was ultimately dismissed, and the petitioner was advised to apply for exemption from personal appearance before the trial court, especially considering the prolonged pendency of the prosecution for two decades. The judgment did not grant exemption from personal appearance at that stage.

In conclusion, the judgment addressed various legal issues related to income tax proceedings, underpricing of shares, limitations on assessment orders, and the dismissal of the petition with guidance on seeking exemption from personal appearance.