1979 (10) TMI 37 - HC - Income Tax

Summary

Issues involved:
The issue involves the jurisdiction of the Addl. Commissioner of Income-tax under section 263 of the Income Tax Act, 1961 regarding penalty actions.

Summary:

The Income-tax Appellate Tribunal, Indore Bench, referred a question of law to the High Court regarding the jurisdiction of the Addl. Commissioner of Income-tax under section 263 of the Income Tax Act, 1961. The Addl. Commissioner found that the assessee was liable for penalty under section 273(b) and interest under section 217 of the Act for not filing an estimate of advance tax payable. The Tribunal allowed the appeal in part, setting aside the direction under section 273(b) of the Act. However, the High Court held that the Addl. Commissioner was right in exercising jurisdiction under section 263 as the order of the ITO was erroneous and prejudicial to the revenue. The High Court noted that the language of sections 271(1) and 273(1) of the Act is identical, and if the ITO omits to consider relevant facts during assessment, the order would be erroneous. Therefore, the Tribunal erred in holding that the Addl. Commissioner had no jurisdiction under section 263.

In conclusion, the High Court answered the question in the negative, in favor of the department, stating that the Addl. Commissioner had the jurisdiction to exercise powers under section 263 of the Act in the given circumstances.