2013 (7) TMI 734 - HC - Income Tax

Credit under Amnesty Scheme - CIT rejected to grant credit - Held that - . It was not disputed that in the proceedings relating to assessment year 1982-83 wherein the assessee had claimed Amnesty scheme relating to assessment years 1976-77 and 1977-78 was available in its books of account. The said amount was also held to be available with the petitioner relating to the assessment year 1984-85 - Following decision of The Commissioner of Income Tax, Patiala Vs. M/s Ghunna Ram & Sons 2010 (11) TMI 854 - PUNJAB & HARYANA HIGH COURT - Decided in favour of Revenue.

Summary

Issues:
1. Challenge to order passed by Commissioner of Income Tax under section 264 of the Income Tax Act, 1961.
2. Petition under Section 264 of the Act for deletion of addition on account of unaccounted cash and credit of surrendered amount.
3. Dispute regarding availability of surrendered amount of Rs.5,90,000 under the Amnesty Scheme for different assessment years.

Analysis:
The petitioner, an assessee, challenged the order dated 27.3.1997 passed by the Commissioner of Income Tax, Patiala under section 264 of the Income Tax Act, 1961. The petitioner firm, engaged in the sale and purchase of fertilizers, filed its return for the assessment year 1983-84 and disclosed an amount of Rs.5,90,000 under the Amnesty scheme for the assessment years 1976-77 and 1977-78. Penalty proceedings were initiated for concealment of income, leading to the petitioner filing a petition under Section 264 of the Act before the Commissioner, seeking deletion of the addition and credit of the surrendered amount. The petitioner argued that the surrendered amount remained invested in the business and was available during the assessment year in question as well.

The Court considered the submissions of both parties and noted that the amount of Rs.5,90,000 disclosed under the Amnesty Scheme for the earlier assessment years was held to be available in subsequent assessment years as well. It was highlighted that in a related case concerning the assessment year 1984-85, the amount was deemed available, as confirmed by the Court. The Court found that the Commissioner had failed to consider this crucial aspect while rejecting the petitioner's petition under Section 264. Consequently, the Court held that the Commissioner's order was unjustified and set it aside. The matter was remanded back to the Commissioner for a fresh decision in line with the law.

In conclusion, the Court disposed of the petition in favor of the petitioner, emphasizing the importance of considering the availability of the surrendered amount in previous and subsequent assessment years when deciding on such matters under Section 264 of the Income Tax Act, 1961.