Court clarifies interest calculation under Income Tax Act; emphasizes on regular assessment vs. appellate orders

Commissioner Of Income-Tax, Kerala II, Ernakulam Versus GB. Transports, Guruvayur

Commissioner Of Income-Tax, Kerala II, Ernakulam Versus GB. Transports, Guruvayur - [1985] 155 ITR 548, 50 CTR 9, 27 TAXMANN 40 Issues Involved:
1. Enhancement of interest u/s 214 consequent on the reduction of income by the Appellate Assistant Commissioner.
2. Nature of the order passed by the Income-tax Officer on the assessee's petition dated August 2, 1973, and its appealability.

Summary:

Issue 1: Enhancement of Interest u/s 214
The core issue revolves around the interpretation of the term 'regular assessment' in s. 214(1) of the I.T. Act, 1961. The court examined whether interest under s. 214 can be enhanced due to a reduction in tax liability following an appellate order. The court referred to the precedent set in Devaki Amma v. ITO [1980] 122 ITR 272, which held that interest is payable only on the amount of advance tax paid in excess of the tax determined on the initial regular assessment by the ITO, unaffected by any subsequent reductions in tax liability due to appellate orders. The court noted conflicting views from various High Courts and referred the matter to a Full Bench for a closer examination.

The court concluded that the term 'regular assessment' refers to the first assessment made by the ITO under s. 143 or s. 144 and not to any subsequent assessments resulting from appellate or revision orders. The court emphasized that the statute does not provide for the enhancement of interest due to subsequent reductions in tax liability. The court also noted that the judicial controversy was resolved by the amendment of s. 214(1A) by the Taxation Laws (Amendment) Act, 1984, effective from April 1, 1985, which provided for modification of interest payable due to changes in assessment resulting from orders of rectification, appeal, revision, or reference.

The court held that the liability of the Government to pay interest under s. 214 is limited to the period up to the date of the first assessment and on the amount found to be in excess on that date. Interest is not enhanced due to a reduction in tax liability by a revised order.

Issue 2: Nature of the Order and Appealability
The second issue concerned whether the order passed by the ITO on the assessee's petition dated August 2, 1973, was an order u/s 154 or u/s 214, and whether it was appealable. The Tribunal had construed the ITO's order as one passed u/s 154, which is appealable, based on the theory of merger and the presence of a mistake apparent from the record. The court, however, did not need to address this issue in detail as it was rendered moot by the answer to the first question.

Conclusion:
The court answered the first question in the negative, favoring the Revenue and against the assessee, stating that interest under s. 214 cannot be enhanced due to a reduction in tax liability by a revised order. Consequently, the second question did not require an answer.