2009 (11) TMI 416 - HC - Income Tax

Assessment pursuant to revision by Commissioner- For the assessment year 2004-05, the Assessing Officer passed an order of assessment pursuant to the order of revision passed by the Commissioner (Appeals) allowed the appeal. The Tribunal, on appeal by the department, set aside the order of the Commissioner (Appeals) holding that the assessment having been revised in terms of order issued under section 263 of the Act, the appeal therefrom was not maintainable. Held that- it was the duly of the Tribunal to consider the order of the Commissioner (Appeals) on the merits and decide the appeal on every ground raised. Therefore, the Tribunal was to issue notice to the assessee as well as the Department and disposed of the appeal.

Summary

Issues: Jurisdiction of first appellate authority in considering revised assessment under section 263 of the Income-tax Act, 1961.

The judgment delivered by the High Court pertains to an appeal filed by the assessee against the Tribunal's decision, which allowed the Department's appeal ex-parte by overturning the order of the Commissioner of Income-tax (Appeals) for the assessment year 2004-05. The original assessment was revised by the Commissioner under section 263 of the Income-tax Act, directing the Assessing Officer to reexamine the issues. The Department did not question the first appellate authority's jurisdiction in considering the assessment on merits. However, the Tribunal, following a judgment of the Madhya Pradesh High Court, held that the appeal before the first appellate authority was not maintainable when the assessment is revised under section 263. The Tribunal's finding was based on the premise that an appeal does not lie against a revised assessment under section 263 if the Commissioner's order is an open remand without independent decisions on additions or disallowances. The High Court noted that the Commissioner's order was indeed an open remand, allowing the Assessing Officer to conduct a detailed enquiry and make necessary adjustments even after the revision under section 263. The High Court held that the Tribunal erred in ruling that the appeal before the first appellate authority was not maintainable. The Court emphasized that since the Department contested the appellate authority's findings on merits, the Tribunal should have considered the order of the Commissioner of Income-tax (Appeals) comprehensively and decided the appeal on all grounds raised. Consequently, the High Court set aside the Tribunal's order and remanded the case back to the Tribunal for a merit-based decision, directing the assessee to appear before the Tribunal if they wish to be heard. The Tribunal was instructed to issue notices to both the assessee and the Department and dispose of the appeal within four months from the date of the judgment.

In conclusion, the High Court's judgment addressed the crucial issue of the jurisdiction of the first appellate authority in cases where assessments are revised under section 263 of the Income-tax Act, emphasizing the importance of considering appeals on their merits and allowing for a comprehensive review of the Commissioner's orders.