2018 (10) TMI 64 - HC - Income Tax

Revision u/s 263 - disallowance under Section 40(a)(ia) on royalty - Held that - We find that there is no discussion on the said aspect in the order passed by the Tribual, except one line finding or conclusion that the question of royalty was examined by the Assessing Officer. We also find that the Tribunal has not discussed and gone into the question of disallowance under Section 40(a)(ia) of the Act on royalty, an aspect/question mentioned and referred to by the Commissioner of Income Tax in his order under Section 263. Assessee fairly states that the order of the Tribunal to this extent may be set aside and remanded for fresh consideration. We accept the said statement. It is directed that the Tribunal would re-examine the issue of royalty and disallowance under Section 40(a)(ia) of the Act afresh in view of the observations and findings recorded by the Commissioner of Income Tax in his order under Section 263 of the Act and submission of the respondent-assessee.

Summary

Issues Involved:
1. Delay in re-filing of appeal condonation.
2. Assessment Year 2007-08 appeal regarding order of the Income Tax Appellate Tribunal.
3. Set aside the order passed by the Commissioner of Income Tax under Section 263 of the Income Tax Act.
4. Examination of the issue of royalty and disallowance under Section 40(a)(ia) of the Act.

Analysis:
1. The High Court condoned the delay of thirty days in re-filing the appeal due to reasons stated in the application, allowing the appeal.

2. The appeal pertained to Assessment Year 2007-08 and arose from the order of the Income Tax Appellate Tribunal dated 7th November, 2017. The Tribunal set aside the order passed by the Commissioner of Income Tax under Section 263 of the Income Tax Act for specific reasons.

3. The Tribunal's order highlighted that the issues before the Assessing Officer were already allowed in previous years, and the Department had accepted certain elements in earlier assessment proceedings. The High Court observed discrepancies in the Tribunal's handling of the issue of royalty and disallowance under Section 40(a)(ia) of the Act, prompting a remand for fresh consideration.

4. The respondent-assessee agreed to set aside the Tribunal's decision on the issue of royalty for re-examination. The High Court directed the Tribunal to revisit the matter based on the Commissioner of Income Tax's observations and the respondent's submissions. However, the High Court declined to remit the question of the inclusion of interest on Fixed Deposit Receipts (FDRs) due to previous decisions and pending litigation.

5. The High Court disposed of the appeal without costs, noting that no substantial question of law was framed due to the respondent's concession. The parties were directed to appear before the Tribunal on a specified date to fix a hearing.