2015 (2) TMI 678 - HC - Income Tax

Extension of the Income-tax Act, 1961, to the State of Sikkim with effect from April 1, 1990 - whether the Sikkim State Income-tax Manual, 1948, stands repealed and the assessments made thereunder for the accounting years 1996-97 to 2004-05 (assessment years 1997-98 to 2005-06) would be without authority of law ? - Held that - In the instant case, as already held that the Sikkim State Income- tax Manual, 1948, stood repealed after extension of the Income-tax Act, 1961, in the State of Sikkim with effect from April 1, 1990. The petitioner has come claiming its rights as an assessee under the Income-tax Act, 1961. Therefore, any adverse plea like it was not an assessee under this Act or that the Income-tax Act, 1961, was not applicable to the petitioner, being a plea relating to the statute would not operate as estoppel against it and the arguments advanced by the Additional Advocate General is to be rejected. It is, thus, clear from the material placed before us that, firstly, the petitioner approached this court by filing writ petition, saying that the Income- tax Act, 1961, was not applicable, but, the said writ petition was withdrawn with liberty to approach to the competent authority/forum and, thereafter, the petitioner succumbed to the Income-tax authorities under the Income- tax Act, 1961, and presently, various proceedings are pending before the appropriate forums under the said Act. The petitioner has also claimed the refund of ₹ 76,63,655 together with interest till the date of realisation. During the course of arguments, Mr. Pal, on instructions, fairly conceded that the previous interest or the interest pendentelite on the said amount may not be awarded to the petitioner but the State may be directed to refund this amount within the time-frame prescribed by this court. We allow this writ petition and record our findings that after extension of the Income-tax Act, 1961, to the State of Sikkim with effect from April 1,1990, the Sikkim State Income-tax Manual, 1948, stands repealed and the assessments made thereunder for the accounting years 1996-97 to 2004-05 (assessment years 1997-98 to 2005- 06) are without authority of law, non-est and nullity.Consequently, the impugned order dated July 7, 2006 (annexure P6), demand notice dated July 7, 2006 (annexure P7) and the other consequential orders/memos thereto are quashed. The State-respondents are directed to refund a sum of ₹ 76,53,655 to the petitioner within a period of 90 (ninety) days from today, failing which this amount shall carry interest at 6 per cent. per annum from the date commencing after completion of 90 (ninety) days till realization. - Decided in favour of assessee.

Issues Involved:
1. Whether the Sikkim State Income-tax Manual, 1948, stands repealed after the extension of the Income-tax Act, 1961, to the State of Sikkim with effect from April 1, 1990.
2. Whether the assessments made under the Sikkim State Income-tax Manual, 1948, for the accounting years 1996-97 to 2004-05 (assessment years 1997-98 to 2005-06) would be without authority of law.
3. Whether the petitioner is entitled to a refund of the sum paid under the Sikkim State Income-tax Manual, 1948.
4. Whether the petitioner is estopped from challenging the applicability of the Sikkim State Income-tax Manual, 1948, due to previous conduct.

Detailed Analysis:

1. Repeal of Sikkim State Income-tax Manual, 1948:
The court examined the impact of the extension of the Income-tax Act, 1961, to the State of Sikkim. By two notifications (No. S. O. 1028(E), dated November 7, 1988, and No. S. O. 148(E), dated February 28, 1989), the Income-tax Act, 1961, was extended to Sikkim with effect from April 1, 1989. However, section 26 of the Finance Act, 1989, deferred its application to April 1, 1990. The court noted that the Sikkim State Income-tax Manual, 1948, stood repealed by necessary implication from April 1, 1990, due to the extension of the Income-tax Act, 1961, which is a more comprehensive law, occupying the same field of income tax levy and recovery.

2. Validity of Assessments Made Under the Sikkim State Income-tax Manual, 1948:
The court held that any income tax imposed or levied under the Sikkim State Income-tax Manual, 1948, after April 1, 1990, was without jurisdiction and nullity. It emphasized that no tax can be levied or collected except by authority of law as per Article 265 of the Constitution of India. Consequently, the assessments made for the accounting years 1996-97 to 2004-05 (assessment years 1997-98 to 2005-06) under the Sikkim State Income-tax Manual, 1948, were deemed without authority of law and were quashed.

3. Refund of the Sum Paid:
The petitioner had deposited a sum of Rs. 76,53,655 under the Sikkim State Income-tax Manual, 1948, and sought its refund. The court directed the State-respondents to refund this amount within a period of 90 days from the date of the judgment, failing which the amount would carry interest at 6 percent per annum from the date commencing after the completion of 90 days till realization. The court refrained from awarding previous interest or interest pendentelite on the said amount based on the petitioner's concession.

4. Estoppel Against Challenging the Applicability:
The court rejected the argument of estoppel raised by the Additional Advocate General, stating that estoppel is a rule of evidence and cannot operate against the provisions of a statute. It held that the petitioner is not barred from asserting its rights under the Income-tax Act, 1961, despite its previous conduct or any earlier inconsistent plea. The court noted that the previous writ petition filed by the petitioner was withdrawn with liberty to approach the competent authority/forum, and nothing was finally determined by the court in that matter.

Conclusion:
The court allowed the writ petition, holding that the Sikkim State Income-tax Manual, 1948, stood repealed after the extension of the Income-tax Act, 1961, to the State of Sikkim with effect from April 1, 1990. Consequently, the assessments made under the Sikkim State Income-tax Manual, 1948, for the accounting years 1996-97 to 2004-05 were without authority of law, non-est, and nullity. The court quashed the impugned assessment order and demand notice and directed the State-respondents to refund the amount of Rs. 76,53,655 to the petitioner within 90 days, with a provision for interest if the refund is delayed. No order as to costs was made.

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