1999 (8) TMI 36 - HC - Income Tax

Court dismisses writ petition, upholds Income-tax Officer's decision on reassessment proceedings and refund claim

K. Sudhakar S. Shanbhag Versus Income-Tax Officer

The court dismissed the writ petition, ruling that the petitioner was not entitled to any relief. The Income-tax Officer's decision to drop the ... Reassessment, Scope Of Reassessment, Advance Tax, Failure To Submit Returns Issues Involved:1. Obligation of the Income-tax Officer to complete assessment proceedings u/s 147.2. Entitlement of the petitioner to a refund of excess advance tax paid.3. Applicability of legal precedents and statutory provisions.Summary:1. Obligation of the Income-tax Officer to complete assessment proceedings u/s 147:The petitioner sought a direction for the Income-tax Officer, Satara, to complete the assessments for the assessment years 1987-88 and 1988-89 based on returns submitted pursuant to notices u/s 148 of the Income-tax Act, 1961. The petitioner argued that the Income-tax Officer was under a statutory obligation to complete these proceedings and refund any excess advance tax paid. The court examined the object, scope, and ambit of section 147 of the Act, referencing the Supreme Court's decision in CIT v. Sun Engineering Works P. Ltd. [1992] 198 ITR 297, which clarified that reassessment proceedings are for the benefit of the Revenue and not the assessee. The court concluded that the Income-tax Officer was not obligated to complete the assessment if it resulted in a refund of the advance tax paid.2. Entitlement of the petitioner to a refund of excess advance tax paid:The petitioner claimed refunds of Rs. 34,200 and Rs. 30,212 for the assessment years 1987-88 and 1988-89, respectively, arguing that the tax due based on the returns was less than the advance tax paid. The court noted that section 219 of the Income-tax Act treats advance tax as payment of tax for the relevant assessment year. Since the petitioner did not submit returns for these years initially, the advance tax paid was treated as the final tax. The court held that the petitioner could not use reassessment proceedings to reduce his tax liability below the advance tax paid, as it would contradict the legal fiction established by section 219 and the Supreme Court's ruling in CIT v. Sun Engineering Works P. Ltd.3. Applicability of legal precedents and statutory provisions:The petitioner relied on the Full Bench decision in CIT v. Indian Rare Earth Ltd. [1990] 181 ITR 22 and the Gauhati High Court decision in Kamalpur (Assam) Tea Estate Private Ltd. v. Superintendent of Taxes [1989] 175 ITR 142, arguing that refusal to refund the excess tax was violative of article 265 of the Constitution of India. The court, however, emphasized the Supreme Court's interpretation in CIT v. Sun Engineering Works P. Ltd., which limited the scope of reassessment proceedings to the benefit of the Revenue and not for the assessee to claim refunds or reduce tax liability beyond the original assessment.Conclusion:The court dismissed the writ petition, ruling that the petitioner was not entitled to any relief. The Income-tax Officer's decision to drop the reassessment proceedings was upheld, and the petitioner's claim for a refund of the advance tax paid was deemed misconceived. The court discharged the rule, affirming that the petitioner could not convert reassessment proceedings into an appeal or revision to seek refunds or reduce tax liability.