1956 (12) TMI 40 - HC - Income Tax

Validity of Indian Income-tax Act Section 33B upheld, emphasizing fairness in procedure

DAWJEE DADABHOY & CO. Versus SP. JAIN AND ANOTHER

The court upheld the validity of Section 33B of the Indian Income-tax Act, finding it intra vires and not arbitrary. It emphasized the need for the ... - Issues Involved:1. Validity of Section 33B of the Indian Income-tax Act.2. Grounds for refusal of renewal of registration under Section 26A.3. Procedure and fairness of the Commissioner's actions under Section 33B.4. Legal implications of non-compliance with the partnership deed in profit distribution.Issue-wise Detailed Analysis:1. Validity of Section 33B of the Indian Income-tax ActThe petitioner argued that Section 33B is ultra vires, granting arbitrary power to the Commissioner to call for and examine records ex parte and make arbitrary orders. It was contended that this section was unnecessary given the existence of Section 34 and that it violated Article 14 of the Constitution. The court, however, found that Section 33B is intra vires and valid. It noted that the Commissioner must give the assessee an opportunity to be heard, making the procedure fair. The court distinguished Section 33B from Section 5(7A), which does not require the assessee to be heard and does not provide for an appeal. The court concluded that Section 33B is not arbitrary or discriminatory and serves the legitimate purpose of ensuring revenue collection according to law.2. Grounds for Refusal of Renewal of Registration under Section 26AThe refusal to renew the registration was based on the finding that profits were not credited in accordance with the shares specified in the partnership deed or the application forms. The court noted that the Income-tax Officer could refuse registration if the application was not in proper form but could cancel it only if there was no genuine firm in existence. The Commissioner, however, has broader powers under Section 33B to cancel registration if it is found to be prejudicial to the interests of the revenue. The court did not delve into the merits of the charges as the matter was pending appeal.3. Procedure and Fairness of the Commissioner's Actions under Section 33BThe petitioner contended that the Commissioner acted unfairly by issuing sudden notices with little time for preparation and without providing specific grounds. The court acknowledged the grievances but noted that sufficient time had elapsed due to the issuance of the rules, allowing the petitioner to prepare a defense. The court found that the Commissioner had acted within his powers under Section 33B, which requires giving the assessee an opportunity to be heard before passing any order. The court emphasized that the Commissioner's actions were not arbitrary and were subject to appeal and further judicial review.4. Legal Implications of Non-compliance with the Partnership Deed in Profit DistributionThe court highlighted that strict compliance with Section 26A is required for registration. The Commissioner's refusal to renew registration was based on the finding that profits were not distributed according to the partnership deed. The petitioner argued that there were valid reasons for the discrepancies, such as rough and ready calculations and subsequent adjustments. The court noted that these factual disputes required investigation and could not be resolved at this stage. The court refrained from expressing any opinion on the merits, leaving the matter to be decided by the Commissioner and, if necessary, through the appeal process.Conclusion:The court discharged the rule, finding that the applications were premature and that the petitioner should pursue the remedies available under the Income-tax Act. The court made no order as to costs and vacated all interim orders.