1991 (3) TMI 207 - AT - Income Tax

Summary

Issues Involved:
1. Whether the Tribunal would be justified in setting aside the entire order of assessment instead of the additions.
2. Whether the additions made by the Assessing Officer in violation of the principles of natural justice should be set aside as void ab initio and thus deleted or should the case be restored to the ITO with directions for redoing.
3. Whether it would be just and proper to deal with only the question of natural justice and to restore the issue to the Assessing Officer without considering the merits of each addition.

Summary:

1. Setting Aside the Entire Order of Assessment:
The Tribunal examined whether it was justified in setting aside the entire order of assessment or only the disputed additions. The Tribunal concluded that it should only set aside the portion of the order dealing with the impugned additions and not the entire assessment. This decision was based on precedents such as V. Ramaswamy Iyengar v. CIT and Pathikonda Balasubba Setty v. CIT, which limit the Tribunal's power to remand cases to the subject matter of the appeal.

2. Additions Made in Violation of Principles of Natural Justice:
The Tribunal addressed whether additions made in violation of natural justice should be set aside as void ab initio or if the case should be remanded. The Tribunal agreed that non-compliance with the principles of natural justice, such as not providing the assessee with the Inspector's report or sworn statements, rendered the additions void ab initio. The Tribunal referenced cases like Union of India v. Tulsiram Patel and Ponkunnam Traders v. Addl. ITO, which emphasize that violations of natural justice strike at the root of the matter.

3. Dealing with Natural Justice and Merits of Each Addition:
The Tribunal considered whether it should address only the violation of natural justice or also the merits of each addition. The Tribunal decided that when an order is declared null and void due to a violation of natural justice, the merits of the additions need not be examined. This approach was supported by the Andhra Pradesh High Court's decision in Boina Suranna v. Addl. CIT, which stated that considering the merits without a fair hearing would be premature.

Conclusion:
The Tribunal concluded that only the portion of the assessment order dealing with the addition of Rs. 3.50 lakhs should be set aside due to the violation of natural justice. The additions made in violation of natural justice were declared void ab initio. The Tribunal did not need to address the merits of the additions once the order was found to be null and void due to the failure of natural justice.