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2013 (2) TMI 205 - HC - Income TaxNotice u/s 143(2) validity of intimation u/s 143(1)(a) ubsequent to issuance of notice under section 143(2) of the Income-tax Act for regular assessment Assessee filed original return on January 31, 1997 declaring the total income of Rs. 6,97,59,206 Thereafter filed a revised return on March 30, 1998 declaring the loss of Rs. 74,97,579 in which expenses amounting to Rs. 8,14,55,626 were further claimed Revised return was processed under section 143(1)(a) of the Act on December 14, 1998,on a total income of Rs. 9,86,85,952 Held that - Intimation under section 143(1)(a) was issued for the revised return while the notice under section 143(2) was issued for the original return of income. The revised return was filed by the respondent on March 30, 1998, i.e., after the receipt of notice under section 143(2) dated March 11, 1997. Said notice under section 143(2), cannot bar the Assessing Officer from processing the said revised return under section 143(1)(a) of the Act. Moreover, the assessment order dated April 23, 1999, was passed by the Assessing Officer under section 144 of the Income-tax Act, 1961, on the basis of the original return filed on January 31, 1997, and not on the basis of the revised return filed on March 30, 1998 Order passed by the the Tribunal set aside Appeal filed by Department allowed In favour of revenue.
Issues:
1. Validity of intimation under section 143(1)(a) issued after notice under section 143(2) for regular assessment. 2. Admissibility of additional ground raised by the assessee and its impact on the assessment process. 3. Interpretation of the law regarding revised return and its implications on the original return. 4. Proper procedure for handling additional legal grounds raised during the appeal process. Issue 1: Validity of Intimation under Section 143(1)(a): The High Court analyzed the case where the intimation under section 143(1)(a) was issued after the notice under section 143(2) for regular assessment. The Tribunal had allowed relief to the assessee based on a legal ground, citing a Supreme Court decision. However, the Court distinguished the facts of the present case from the precedent, emphasizing that the revised return was filed after the notice under section 143(2). Therefore, the Court held that the Assessing Officer rightfully processed the revised return under section 143(1)(a) despite the issuance of the notice under section 143(2). Issue 2: Admissibility of Additional Ground Raised by Assessee: The Court scrutinized the Tribunal's decision to admit the additional ground raised by the assessee, which was a legal ground. The Court noted that the Tribunal did not discuss the full facts of the case while allowing the additional ground. It emphasized that the Tribunal should have remanded the case to the Commissioner of Income-tax (Appeals) for a fresh adjudication instead of deciding the appeal on the merits for the first time. The Court criticized the Tribunal's approach of focusing on the additional ground that was not initially raised before the Commissioner of Income-tax (Appeals). Issue 3: Interpretation of Revised Return and Original Return: The Court delved into the distinction between a revised return and a correction of the return. It clarified that once a revised return is filed, the original return is considered withdrawn and substituted by the revised return for assessment purposes. The Court highlighted that in the present case, the revised return filed by the assessee showed negative income, indicating a substantial change from the original return. Issue 4: Handling Additional Legal Grounds During Appeal Process: The Court emphasized the importance of proper procedure when addressing additional legal grounds raised during the appeal process. It criticized the Tribunal for not providing reasons for admitting the additional ground and for deciding the appeal solely based on that ground without remanding the case for a fresh adjudication. The Court stressed that a legal issue can be raised at any stage, but there must be a valid reason for admitting the additional ground. In conclusion, the High Court set aside the Tribunal's order and remanded the matter back to the Commissioner of Income-tax (Appeals) for fresh adjudication. The Court held that remanding the case would not cause prejudice to either party and refrained from delving into the merits of the case, ultimately allowing the Department's appeal.
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