2014 (10) TMI 254 - HC - Income Tax

Assessment u/s 158BBC - Tribunal cancelled the assessment for the reason that notice was issued under section 158BD and not under section 158BC read with section 158BD. - Whether the rejection of the plea by the assessee to raise an additional ground is justified or not Held that - The view expressed by the Tribunal in the impugned order, annexure H, is that the legality of the proceedings has been admitted by the High Court and the matter was restored back to the file of the Tribunal for a fresh decision and in such a situation can the Tribunal entertain another ground with regard to the validity of the proceedings - It was the view of the Tribunal that when this court upheld the validity of the proceedings with regard to the block assessment, it cannot be reagitated again by raising another ground with regard to the same proceedings - as far as the views taken by the Division Bench are concerned, it is clearly discernible that the validity of the notice alone was considered by the Division Bench - That was the pointed question raised before the Division Bench which was answered after analysing various aspects. It is not correct to say that the decision of the Division Bench concerning the validity of the notice will prevent the Tribunal to consider any other ground which the appellant has raised for consideration. - It cannot be said that when the court sent back the matter for fresh consideration, no other points than those raised in the grounds of appeal can be considered and no additional ground can be allowed to be raised for consideration thus, the annexure H order passed by the Tribunal is set aside - The Tribunal is directed consider the matter afresh in the light of the findings rendered by us above and it is up to the Tribunal to consider the additional ground raised by the appellant and take appropriate decision as enjoined by law Decided in favour of assessee.

Summary

Issues Involved
1. Justification of the rejection of the appellant's plea to raise an additional ground.
2. Validity of the notice issued under section 158BD of the Income-tax Act.
3. Powers of the Tribunal to consider additional grounds in light of the remand order by the High Court.

Detailed Analysis

1. Justification of the Rejection of the Appellant's Plea to Raise an Additional Ground
The primary issue in this appeal is whether the Tribunal was justified in rejecting the appellant's plea to raise an additional ground. The Tribunal had previously refused to admit the additional ground, relying on the remand order issued by the High Court, which directed the Tribunal to consider the appeal on its merits. The appellant contended that the additional ground raised was a question of law and should be considered by the Tribunal. The High Court, in its judgment, clarified that the Tribunal's powers are not limited by the remand order and that the Tribunal has the jurisdiction to permit the appellant to raise any new or additional grounds, even if they were not raised before the assessing authority or the Commissioner of Income-tax (Appeals).

2. Validity of the Notice Issued Under Section 158BD of the Income-tax Act
The second issue revolves around the validity of the notice issued under section 158BD of the Income-tax Act. The appellant argued that the notice should have been issued under section 158BC read with section 158BD, and the failure to do so rendered the assessment invalid. The Tribunal initially accepted this contention, but the High Court, in an earlier judgment (annexure F), vacated the Tribunal's order and directed the Tribunal to reconsider the matter on its merits. The High Court examined the contents of the notice and concluded that even though the notice was issued under section 158BD, it satisfied the requirements of a notice under section 158BC as well. Therefore, the High Court held that the notice was valid and the assessment based on it was also valid.

3. Powers of the Tribunal to Consider Additional Grounds in Light of the Remand Order by the High Court
The third issue pertains to the scope of the Tribunal's powers to consider additional grounds in light of the remand order by the High Court. The High Court clarified that the remand order directed the Tribunal to reconsider the matter on its merits, which includes the consideration of any new or additional grounds raised by the appellant. The High Court referred to the judgment in CIT v. Kerala State Co-operative Marketing Federation Ltd., which held that the Tribunal has the jurisdiction to permit the appellant to raise new grounds and is duty-bound to entertain and decide on them. The High Court concluded that the Tribunal's powers are not curtailed by the remand order and that the Tribunal should consider the additional ground raised by the appellant.

Conclusion
The High Court allowed the appeal, setting aside the Tribunal's order (annexure H) and directed the Tribunal to reconsider the matter afresh, including the additional ground raised by the appellant. The High Court emphasized that the Tribunal's powers are not limited by the remand order and that the Tribunal should take an appropriate decision as enjoined by law.