2008 (7) TMI 531 - HC - Income Tax

Deduction of tax at source-Penalty- The assessee is a tax deductor under section 194C of the Income-tax Act. It was noticed by the Assessing Officer that the assessee did not file its annual return in Form No. 26C regarding tax deducted at source out of contract payments made during the financial year. The assessee had disbursed considerable amounts during the above period by way of contract payments to the contractors. However, in the absence of annual return, details of tax deducted at source out of the contract payments and the remittance could not be ascertained. So, the Assessing Officer directed the assessee to furnish details. As the details were not furnished by the assessee, the Assessing Officer has issued a penalty notice under section 272A(2)(c). The said Commissioner of Income-tax (Appeals) dismissed the appeal on the ground that it was belatedly filed. Aggrieved by that order, the assessee has filed an appeal to the Income-tax Appellate Tribunal, Chennai, and the remanded the same to the Assessing Officer directing him to verify and levy the penalty after verification. Against that order, the present appeal is filed. Held that- there were no details regarding the mode of computation of the number of days delay by the Assessing Officer. So the Tribunal was of the view that it was not clear from the order of the authorities below as to the exact number of days delay. It was only a remand order and hence no prejudice would be caused to revenue. Thus there was no error in the Tribunal order. Dismiss the appeal.

Summary

Issues:
1. Tribunal's power to remit back matter to Commissioner of Income-tax (Appeals) instead of Assessing Officer.
2. Tribunal's authority to remit matter directly to Assessing Officer when Commissioner of Income-tax (Appeals) did not set aside the order.
3. Sustainability of Income-tax Appellate Tribunal's order without a speaking order on the issue of appeal dismissal by Commissioner of Income-tax (Appeals).

Analysis:
1. The appeal concerned the Revenue challenging the Income-tax Appellate Tribunal's order regarding the penalty imposed on the assessee for not filing the annual return in Form No. 26C for tax deducted at source. The Tribunal remitted the matter to the Assessing Officer due to lack of clarity on the exact number of days of delay in filing the return. The Tribunal directed the Assessing Officer to determine the delay and levy the penalty accordingly. The Revenue contended that the Tribunal's decision was incorrect, and the matter should not have been remitted. However, the High Court upheld the Tribunal's decision, stating that it was a remand order causing no prejudice to the Revenue. The Court found no error or infirmity in the Tribunal's order, confirming its legality and dismissing the appeal.

2. The key issue was whether the Tribunal had the authority to remit the matter back to the Assessing Officer for reevaluation of the penalty imposition due to a delay in filing the annual return. The Revenue argued that the Commissioner of Income-tax (Appeals) rightly dismissed the appeal for lack of a reasonable cause for the delay. However, the Tribunal found discrepancies in the assessment of the delay and remitted the matter for a proper determination. The Court agreed with the Tribunal, emphasizing that the remand order did not prejudice the Revenue and was in accordance with the law. As a result, the Court confirmed the Tribunal's decision and dismissed the appeal.

3. The issue of sustainability of the Income-tax Appellate Tribunal's order without a speaking order on the appeal dismissal by the Commissioner of Income-tax (Appeals) was raised. The Tribunal set aside the Commissioner's decision due to ambiguity regarding the delay in filing the return and directed the Assessing Officer to reassess the penalty. The Court observed that the Tribunal's order was a remand order, causing no harm to the Revenue. The Court further noted that no substantial question of law arose from the Tribunal's decision, leading to the dismissal of the Tax Case (Appeal). Consequently, the Court upheld the Tribunal's order as legal and confirmed the dismissal of the appeal.