1972 (10) TMI 31 - HC - Income Tax

Whether on a true interpretation of the order dated the 8th October 1963 passed by departmental authorities with reference to the assessee s application the penalties levied under section 221(1) of the Income-tax Act 1961were valid ? hold that the Income-tax Officer has passed the order dated October 8 1963 only under section 220(6) of the Act and the same can be operative only till the disposal of the appeals before the Appellate Assistant Commissioner and the Income-tax Officer in the present case is perfectly entitled to impose penalty under section 221(1) of the Act for non-payment of the arrears of tax - our answer to the question must be in the affirmative and in favour of the department. If there are any other grounds raised in the appeal by the assessee before the Appellate Tribunal it is open to the Tribunal to pass appropriate orders in that regard

Summary

Issues:
Interpretation of order dated October 8, 1963, regarding penalties under section 221(1) of the Income-tax Act, 1961 for assessment years 1953-54, 1958-59, 1959-60, and 1961-62.

Analysis:
The case involved a dispute over the validity of penalties levied under section 221(1) of the Income-tax Act, 1961, for multiple assessment years. The Income-tax Appellate Tribunal had to determine whether the penalties were justified based on the interpretation of an order dated October 8, 1963, issued by the Income-tax Officer. The order allowed the assessee to pay taxes in installments and provide security for the balance amount.

The Income-tax Officer's order was challenged by both parties. The department contended that the order's scope was limited to the disposal of appeals before the Appellate Assistant Commissioner, not the Appellate Tribunal. On the other hand, the assessee argued that the order should be effective until the final disposal of appeals by the Appellate Tribunal, citing the Income-tax Officer's discretion under section 220(3) of the Act.

The High Court analyzed the order and the application filed by the assessee. It concluded that the Income-tax Officer's order was only valid until the disposal of appeals before the Appellate Assistant Commissioner. The Court emphasized that the application did not specifically mention the Appellate Tribunal, and the order's language did not extend its validity beyond the Appellate Assistant Commissioner's jurisdiction.

The Court rejected the assessee's argument that the order could be interpreted under section 220(3) of the Act, as the application was made under section 220(6). The Court clarified that the Income-tax Officer's order was in line with section 220(6) and could not be extended to cover the Appellate Tribunal's proceedings. Therefore, the penalties imposed by the Income-tax Officer were deemed valid, and the department's claim was upheld.

In conclusion, the Court answered the question in the affirmative, supporting the department's position. The Court also allowed the Tribunal to address any additional grounds raised by the assessee in the appeal. The assessee was directed to pay costs to the Commissioner of Income-tax, and the judgment favored the department's stance on the penalties levied under section 221(1) of the Income-tax Act, 1961.