9911796707
TMI Blog1986 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... d in suit cases. It filed a return of its income for the assessment year 1963-64 and was assessed to income-tax by an assessment order dated March 12, 1968. No claim was made by the assessee for rebate under section 84 of the Income-tax Act, 1961. There was an appeal by the assessee to the Appellate Assistant Commissioner of Income-tax but no claim was made for rebate at that stage either. Subsequently, on August 20, 1969, the appellant made an application under section 154 of the Income-tax Act praying for rectification of the assessment order by the grant of relief under section 84 of the Act. The application was rejected by the Income-tax Officer. A revision application moved by the appellant before the Commissioner of Income-tax was als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Officer by the statute to grant such relief and it could not be refused merely because the appellant had omitted to claim the relief. While we believe the appellant is right in his contention, we do not think that the mere existence of such an obligation on the Income-tax Officer is sufficient. Before the Income-tax Officer can grant relief, there must be clear data in the assessment record sufficient to enable him to consider whether the relief should be granted. In the absence of such material, no fault can be found with the Income-tax Officer for not making an order under section 84 favouring the assessee. It will be noticed from the provisions of section 84 that several conditions must be satisfied before the grant of relief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r should have considered whether there was material on the record to sustain the claim of the assessee to relief and the fact that the claim was not made formally in the return or during the pendency of the assessment proceedings before the Income-tax Officer should not have prevented the Commissioner from considering whether the assessee was entitled to relief. That was a case where the assessee complained in the writ petition that it lay within the jurisdiction of the Commissioner to entertain the claim of the assessee even though the claim had not been made before the Income-tax Officer. The present is a case, however, where the appellant sought to invoke the jurisdiction of the Income-tax Officer to rectify the assessment order. That ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ief under section 84 in the income-tax assessment lay before the Income-tax Officer. The Super Profits Tax Act, 1963, was enacted to impose a special tax on certain companies. The tax is charged on the excess of the chargeable profits of a company over the standard deduction and the " chargeable profits ", according to the definition in clause (5) of section 2 of that Act, means the total income of an assessee computed under the Income-tax Act, 1961, adjusted in accordance with the provisions of the First Schedule. In many respects, the Super Profits Tax Act borrows its provisions from the Income-tax Act and the scheme for assessment, appeals, revision and rectification in the Super Profits Tax Act follows closely the pattern set forth in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned in the super profits tax record is employed for the purpose of the income-tax proceeding, it cannot be doubted that the super profits tax record becomes part of the income-tax record. It is apparent that if the record of the super profits tax assessment contains material pertaining to the claim under section 84 of the Income-tax Act, such material can be considered by the Income-tax Officer for the purpose of granting relief under section 84 in the income-tax assessment. In that sense and to that degree, learned counsel for the assessee is perfectly right in contending that the record of the super profits tax assessment becomes part of the record of the income-tax assessment. That does not suffice, however, to entitle the assessee to r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
