1973 (4) TMI 29 - HC - Income Tax

1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the word month occurring in section 271(1)(a)(i) referred to English calendar month? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the penalty should be calculated with reference to the tax found due on the date of the completion of the assessment after deducting, inter alia, taxes paid by the assessee as advance tax and tax as per provisional assessment ? We, therefore, answer the first question in the negative and in favour of the Commissioner, and the second question in the affirmative and in favour of the assessee

Summary

Issues: Interpretation of the word "month" in section 271(1)(a)(i) of the Income-tax Act, 1961; Calculation of penalty based on tax payable after deductions.

In the judgment delivered by the High Court of Allahabad, the court addressed two questions referred by the Income-tax Appellate Tribunal. The first issue involved the interpretation of the word "month" in section 271(1)(a)(i) of the Income-tax Act, 1961. The Tribunal had to determine if the word "month" referred to an English calendar month. The second issue was related to the calculation of the penalty based on the tax payable after deductions, specifically advance tax and taxes paid as per provisional assessment.

Regarding the first question, the court analyzed the penal provision of section 271(1)(a)(i) and the meaning of the word "month." The court noted that while the General Clauses Act defines "month" as an English calendar month, this definition may not align with the context of the Income-tax Act. The court emphasized that the purpose of the penalty provision was to deter defaulting behavior, and interpreting "month" as a full calendar month could allow defaulting parties to escape penalties entirely. Therefore, the court concluded that in the context of the Income-tax Act, "month" should be understood as a period of thirty days, not a full calendar month.

Moving to the second question, the court referred to a Supreme Court decision that clarified the penalty calculation should deduct amounts of tax already paid, rather than being based on the gross tax assessed. The court confirmed this interpretation and held that the penalty should be calculated with reference to the tax found due on the date of the completion of the assessment, after deducting advance tax and taxes paid as per provisional assessment.

In conclusion, the court answered the first question in the negative, favoring the Commissioner, and the second question in the affirmative, favoring the assessee. The parties were directed to bear their own costs due to the partial success and failure in the judgment.