2010 (9) TMI 45 - HC - Income Tax

Accounting - The Tribunal directed the Assessing Officer to allow the revised claim of the assessee-company for deduction u/s 10B of the Act and treated revised return filed by the assesseee as valid. Held that - (i) Tribunal had held that once the new method by the assessee was found to be more scientific and appropriate, the bonafides of the assessee to adopt such a method could not be doubted merely because it was resulting into more benefits to it. (ii) the Tribunal had followed its own decision in the case of the assessee itself for the assessment year 2002-03 and deleted the addition of Rs. 47,84,365/-. There was no substantial question of law.

Summary

Issues:
1. Jurisdiction of the Commissioner of Income-tax (Appeals) to entertain a revised claim of the assessee during appellate proceedings.
2. Validity of treating the revised return filed by the assessee as valid.
3. Change of method of accounting for financial charges.
4. Addition of amount for infraction of law in paying sales commission on Government purchases under Explanation to section 37(1) of the Income-tax Act, 1961.

Issue 1: Jurisdiction of the Commissioner of Income-tax (Appeals)
The High Court held that the authority of the Commissioner is co-extensive with that of the Assessing Officer, allowing the assessee to raise issues not forming part of the grounds of appeal. Referring to the Supreme Court's decision in National Thermal Power Co. Ltd. v. CIT, it was established that the Tribunal has the jurisdiction to examine a question of law arising from the facts on record in the assessment proceedings. The Court conclusively settled that the Commissioner had the jurisdiction to entertain the revised claim of the assessee during appellate proceedings.

Issue 2: Validity of Revised Return
The Court addressed the objection regarding the validity of treating the revised return filed by the assessee as valid. It was observed that the Tribunal had given cogent reasons for rejecting the Revenue's argument. The Tribunal's order highlighted that the assessee adopted a more scientific basis for distribution of common expenses, and the Revenue could not raise grievances on this basis.

Issue 3: Change of Method of Accounting
Regarding the change of method of accounting for financial charges, the Tribunal's decision was upheld by the High Court. The Tribunal found the new method adopted by the assessee to be more scientific and appropriate, dismissing the Revenue's appeal on this ground. The Court emphasized that the assessee's adoption of a new method was done in a bona fide manner.

Issue 4: Addition of Amount for Infraction of Law
The Court noted that the Tribunal had followed its own decision in a previous case of the assessee for the assessment year 2002-03. Even an appeal by the Department against the said order had been dismissed by the Court. Consequently, the Court dismissed the present appeal, finding it bereft of merit.

In conclusion, the High Court dismissed the appeal, upholding the Tribunal's decisions on the various issues raised by the appellant, including jurisdiction, method of accounting, and the addition of amounts for alleged infractions of the law.