2017 (3) TMI 1252 - HC - Income Tax

Court rules change from co-op society to company without reasoned order impermissible. Rectification not suitable for debatable issues.

The High Court upheld the Tribunal's decision that the change of status of the assessee from a co-operative society to a company without a reasoned order ... Disallowance of deduction under Section 36(1)(viia) made under Section 154 - Rectification of mistake - Held that:- In case of assessee, if interest is debited to borrowed account but for any reason interest has not actually realized, account is to be treated as NPA as per the guidelines issued by RBI. In that eventuality, the amount is unrealized, the unrealized interest so taken to income should be reversed by debiting to the P & L Account and crediting to overdue interest reserve account. It was the claim of the assessee that during the year unrealized interest taken to income has been reversed by debiting the P & L Account and crediting to provision for overdue interest account following the guidelines issued by RBI. We find that this issue is highly debatable and it cannot be adjudicated while acting u/s.154 of the Act. The AO should have made disallowance only while framing regular assessment or reassessment, which was made prior to resorting to this rectification. This disallowance cannot be made while acting u/s.154 of the Act reason being this is not a prima facie mistake it is a highly debatable issue. In term of the above, we allow this issue of assessee’s appeal Issues:1. Change of status of the assessee from a co-operative society to a company without a reasoned order.2. Claim of unrealized interest taken to income reversed following RBI guidelines.3. Disallowance under Section 154 of the Income Tax Act, 1961.4. Rectification order regarding deductions for bad debts and doubtful debts.5. Deletion of deduction under Section 36(1)(viia) by the Assessing Officer.6. Disallowances made in the assessment order and rectification under section 154.7. Tribunal's decision on the debatable issue of unrealized interest.Analysis:1. The High Court addressed the issue of the change of status of the assessee from a co-operative society to a company without a reasoned order. The Tribunal held that such a change was impermissible under the law without a cogent reasoned order. The Tribunal also found the issue debatable and not suitable for adjudication under Section 154 of the Income Tax Act, 1961.2. Another issue involved the claim of unrealized interest taken to income reversed by the assessee following RBI guidelines. The Tribunal found this issue highly debatable and not suitable for resolution under Section 154. The Tribunal emphasized that the Assessing Officer should have made disallowances during regular assessment or reassessment, rather than through rectification.3. The dispute included the disallowance under Section 154 of the Income Tax Act, 1961. The Tribunal allowed the appeal of the assessee, stating that the issue was debatable and not a prima facie mistake. The Tribunal emphasized that disallowance should occur during regular assessment or reassessment, not through Section 154.4. The case involved a rectification order regarding deductions for bad debts and doubtful debts. The Assessing Officer initially allowed deductions but later rectified the order by deleting the deduction. The Tribunal found that the rectification was not based on an apparent error and was a debatable issue.5. The Assessing Officer deleted a deduction under Section 36(1)(viia) in a subsequent rectification order. The High Court noted that this deletion was not due to an apparent error in the assessment order, leading to the dismissal of the application and appeal.6. The High Court discussed the disallowances made in the assessment order and rectification under Section 154. It was observed that the deletion of certain deductions was not a rectification of an apparent error, leading to the dismissal of the application and appeal.7. Finally, the Tribunal's decision on the debatable issue of unrealized interest was highlighted. The Tribunal emphasized that such issues should be addressed during regular assessment or reassessment, not through rectification under Section 154. The High Court upheld the Tribunal's decision, stating that no substantial question of law was involved in the case, leading to the dismissal of the application and appeal.