1996 (7) TMI 97 - HC - Income Tax

Court directs Tribunal to state case, refer legal questions on penalty imposition & Circular No. 451

Shyam Oil Mills Versus Commissioner Of Income-Tax

The court allowed the application under section 256(2) of the Income-tax Act, 1961, directing the Tribunal to state the case and refer questions of law ... Amnesty Scheme, Question Of Law, Revised Return Issues:1. Application under section 256(2) of the Income-tax Act, 1961 seeking direction to the Tribunal to state the case and refer questions of law arising from the Tribunal's order.2. Correctness of the Tribunal's decision on penalty imposition without seeking instructions from the Commissioner and applicability of Circular No. 451, dated February 17, 1986.3. Validity of the Tribunal's order confirming the minimum penalty without considering the merits of the additions and not sending it back to the Commissioner of Income-tax (Appeals).Analysis:The judgment pertains to an application under section 256(2) of the Income-tax Act, 1961, where the assessee sought direction to the Tribunal to state the case and refer questions of law arising from the Tribunal's order for the assessment year 1982-83. The primary issues revolved around the correctness of the Tribunal's decision regarding penalty imposition without seeking instructions from the Commissioner and the applicability of Circular No. 451, dated February 17, 1986. The Tribunal confirmed a minimum penalty on certain additions made to the assessee's income, leading to a dispute over the validity of the penalty imposition. The Tribunal partially allowed the appeal, upholding the penalty on certain additions while rejecting it on others. The applicant sought rectification and filed various applications under the Act, ultimately leading to the current application under section 256(2) for reference of questions of law.The facts of the case involved the assessee, engaged in the manufacture of groundnut and other edible oils, facing additions to income during assessment proceedings. Discrepancies in purchases and production records led to additions, along with income from undisclosed sources and alleged unaccounted payments. The assessee withdrew an appeal and filed a revised return under an Amnesty Scheme, offering a specific amount as income from undisclosed sources. The dispute arose when the Assessing Officer imposed a minimum penalty despite the revised return and the applicability of Circular No. 451, dated February 17, 1986. The Commissioner of Income-tax (Appeals) initially deleted the penalty, but the Department appealed to the Tribunal, leading to the current legal proceedings.The judgment highlighted the arguments presented by both parties, with the applicant's counsel focusing on specific questions related to penalty imposition and the necessity of seeking instructions from the Commissioner regarding the revised return under the amnesty scheme. The court acknowledged the importance of addressing these questions and found a prima facie case for issuing a direction to the Tribunal to state the case and refer the questions for opinion. The judgment emphasized the need for expeditious resolution of the issues raised, directing the Tribunal to refer the questions of law to the court promptly. The reference was allowed concerning questions related to penalty imposition and the applicability of Circular No. 451, dated February 17, 1986, while other issues were not pressed in the application. The judgment concluded without any order as to costs, fixing the counsel fee for each side if certified.