2018 (12) TMI 989 - HC - Income Tax

Accrual of income - consideration accrued in the assessment year - Held that - Admittedly, a part of the consideration received by the assessee was offered to tax for the assessment year 2013-14, the assessee filed their return of income and the tax had been paid. In our considered view, the issues raised in these appeals have become academic, since the question is as to in which year, the assessee is required to be taxed. The Revenue does not dispute that in the subsequent assessment year namely 2013-14, the assessee offered necessary consideration received and paid tax thereon. Therefore, the Revenue is not deprived of collection of appropriate rate of tax. Hence, we may not be required to adjudicate the matter and decide the substantial questions of law raised, as the issues raised in this appeal have become academic.

Summary

Issues:
1. Taxation of consideration in the assessment year.
2. Applicability of tax in subsequent assessment year.

Analysis:
1. The appeal was filed against the order of the Income Tax Appellate Tribunal regarding the taxation of consideration in the assessment year 2012-13. The assessee entered into a slump sale agreement in the financial year 2011-12, where a portion of the consideration was kept in an escrow account. The Assessing Officer taxed the entire consideration in the assessment year 2012-13, even though a part of it was offered for tax in the subsequent year. The Commissioner of Income Tax (Appeals) and the Tribunal upheld the decision of the Assessing Officer, leading to the current appeal.

2. The High Court observed that a part of the consideration was indeed offered for tax in the subsequent assessment year 2013-14, and the tax was paid accordingly. The Court emphasized that the Revenue was not deprived of collecting the appropriate tax amount. Citing the decision of the Supreme Court in the case of CIT Vs. Excel Industries Limited, the Court noted that the dispute over the year of taxation had become academic. The Supreme Court's decision highlighted that as long as the tax was paid in the subsequent year, there was no loss to the Revenue, and pursuing the litigation would be fruitless.

3. Based on the above analysis and legal precedent, the High Court dismissed the tax case appeal filed by the assessee, stating that the issues raised had become academic. The Court left the substantial questions of law raised in the appeal open. The judgment clarified that since the appeal was dismissed, there was no need to demand tax from the appellant again, as the consideration had already been offered for tax in the subsequent assessment year 2013-14, and the tax had been paid along with interest as per legal requirements. The Court also mentioned that no costs were imposed on the appellant, and the connected CMP was also dismissed.