1977 (4) TMI 32 - HC - Income Tax

Summary

Issues Involved:
1. Entitlement to tax credit certificates under Section 280ZB of the Indian Income-tax Act for cellulose film.
2. Legality of reassessment proceedings under Section 148 of the Income-tax Act.
3. Validity of the appellate orders rejecting the appeals on the ground of non-appealability.

Detailed Analysis:

Issue 1: Entitlement to Tax Credit Certificates
The petitioner, a company engaged in the manufacture and sale of rayon yarn, cellulose film, and other products, applied for tax credit certificates under Section 280ZB of the Indian Income-tax Act for the assessment years 1967-68 and 1968-69. The company argued that cellulose film falls under item 24(4) of the First Schedule to the Industries (Development and Regulation) Act, 1951, which includes "Paper for packing (corrugated paper, kraft paper, paper bags, paper containers and the like)." The first respondent initially granted tax credit certificates but later retracted, stating that cellulose film did not qualify under the specified items in the First Schedule.

The court examined whether cellulose film could be considered under item 24(4) of the First Schedule. It was noted that cellulose film, also known as cellophane, is a transparent sheet of regenerated cellulose used primarily for packaging. The court applied the rule of statutory interpretation that words should be construed in their popular sense unless they are technical terms. It was concluded that cellulose film could indeed fall under the broader category of "paper for packaging," thus making the petitioner eligible for the tax credit certificates.

Issue 2: Legality of Reassessment Proceedings
The first respondent initiated reassessment proceedings under Section 148 of the Income-tax Act, alleging that income had escaped assessment. The petitioner contended that no income chargeable to tax had escaped assessment and that the reassessment notices were unjustified. The court noted that the first respondent had already initiated proceedings under Section 148, and subsequently issued notices under Rule 8(4) of the Tax Credit Certificates (Corporation Tax) Scheme, 1966, to withdraw the tax credits.

The court held that Rule 8(1) of the Scheme allows for rectification of errors apparent from the record, which should be obvious, glaring, or self-evident. Since the issue of whether cellulose film falls under item 24(4) is debatable and not a clear error, the court found that the first respondent's action was not justified. Therefore, the reassessment orders were deemed illegal and ultra vires.

Issue 3: Validity of the Appellate Orders
The petitioner appealed the first respondent's orders to the Commissioner of Income-tax, who rejected the appeals on the ground that the orders were not appealable under Rule 8(1) of the Scheme. The petitioner argued that the rectified orders should be considered as fresh determinations under paragraph 4 of the Scheme, making them appealable under paragraph 5.

The court agreed with the petitioner, stating that the effect of rectification under Rule 8(1) is that the rectified order acquires the attributes of an order under paragraph 4, thus making it appealable. The appellate orders were found to be in violation of the principles of natural justice, as they summarily dismissed the appeals without proper consideration.

Conclusion:
The court quashed the impugned orders (exhibit P-8) and the appellate orders (exhibit P-10), holding them illegal and ultra vires. The original petitions were disposed of in favor of the petitioner, with no costs awarded.