2006 (8) TMI 132 - HC - Income Tax

Notice issued by the respondent authority under section 158BD of the Income-tax Act. 1961 read with section 158BC for submission of true and correct returns for the block period - notices were issued for the reasons, which impliedly suggest that the jurisdiction u/s 158BD was invoked on being satisfied that undisclosed income escaped assessment. - if it is found that the appellants have received any amount beyond what they have reflected in their tax returns, they would, certainly be liable for payment of tax on that amount. The authority appears to have issued the notices only to verify as to whether any amount was received by them has escaped assessment. The decision of the learned single judge, in our opinion, is not prejudicial to the interest of the writ petitioners/appellants. The appellants failed to make out any case for interference with the impugned judgment petition is dismissed

Issues:
1. Challenge to notice issued under section 158BD of the Income-tax Act, 1961.
2. Request for dropping the proceedings initiated under section 158BD.
3. Allegation of double taxation.
4. Lack of satisfaction before issuance of notice under section 158BD.
5. Discretion of the respondent authority to decide the acceptability of explanations given by the writ petitioners/appellants.

Analysis:
1. The writ petitioners/appellants challenged the notice issued under section 158BD of the Income-tax Act, 1961, requiring submission of true and correct returns for the block period. The notices were based on documents seized during a search at the business premises of a hospital. The petitioners requested the certified copy of the order sheet/satisfaction note recorded during the block assessment of the hospital, arguing that the undisclosed income had already been assessed in the hospital's case. The Assistant Commissioner rejected the request, citing discrepancies in professional fees paid to doctors, including the petitioners, as per seized registers.

2. The petitioners' request to drop the proceedings initiated under section 158BD was denied by the Assistant Commissioner, leading to the writ petitions. The learned single judge dismissed the petitions, noting that the petitioners failed to establish double taxation. The judge emphasized that if the petitioners had received more from the hospital than declared, they would be liable for additional tax. The judge left it to the Assessment Officer to determine the acceptability of the petitioners' claim of not receiving the disputed amounts.

3. The plea of double taxation raised by the petitioners was deemed inconsequential by the court. It was highlighted that if, upon verification, the petitioners were found to have received amounts beyond their tax returns, they would be liable for tax on the additional income. The court emphasized that the notices were issued to verify if any income had escaped assessment, providing the petitioners with the opportunity to prove they did not receive undisclosed amounts.

4. The court noted that the satisfaction required before issuing a notice under section 158BD was implied from the reasons given in the notice. The judge did not delve into the satisfaction aspect, leaving it to the authority to determine the validity of the explanations provided by the petitioners. The court found the single judge's decision not detrimental to the petitioners' interests.

5. Ultimately, the court dismissed the writ appeals, stating that the petitioners failed to demonstrate grounds for interfering with the impugned judgment and order. The court upheld the issuance of notices under section 158BD for verification purposes, emphasizing that the petitioners would only be liable for tax on amounts they actually received, providing them with an opportunity to refute any discrepancies found during verification.

← Previous Next →