2008 (2) TMI 414 - HC - Income Tax

Court dismisses appeal on interest-tax charges under sections 12 and 12A, finding imposition improper.

The court condoned the delay in the application, dismissed the appeal regarding charging of interest under section 12A of the Interest-tax Act, and found ... Tax on interest u/s 12A of the Interest tax Act, 1974 - The Commissioner of Income-tax invoking section 19 of the Act cancelled the assessment made by the Assessing Officer and directed the Assessing Officer to levy interest-tax treating the assessee as financial institution - learned Tribunal dealt with the matter extensively and thereafter came to the conclusion that the assessee does not fall under the definition of section 2(58)(iv) of the Act and, therefore, the assessee is not liable for interest-tax as levied by the Department – Held that - We do not find any reason to interfere with the order so passed by the learned Tribunal nor the order so passed by the learned Tribunal suffers from any legal infirmity nor we find that any substantial question of law is involved in this appeal – revenue appeal dismissed. Issues:1. Condonation of delay under section 5 of the Limitation Act.2. Charging of interest under section 12A of the Interest-tax Act.3. Interpretation of the definition of a financial institution under section 2(5B)(iv) of the Act.4. Deletion of interest charged under sections 12 and 12A of the Act.Analysis:1. The judgment begins with the court being satisfied with the grounds for condonation of delay under section 5 of the Limitation Act and consequently condoning the delay in the application for G. A. No. 3752 of 2007.2. The main issue revolves around the charging of interest under section 12A of the Interest-tax Act. The Assessing Officer charged interest under section 12A after invoking section 19 of the Act. However, the Tribunal, after extensive consideration, concluded that the assessee does not fall under the definition of a financial institution as per section 2(5B)(iv) of the Act. Consequently, the interest charged under section 12 was directed to be deleted. The court found no legal infirmity in the Tribunal's decision and dismissed the appeal (I. T. A. No. 780 of 2007).3. The Commissioner of Income-tax had cancelled the assessment made by the Assessing Officer and directed the levying of interest-tax treating the assessee as a financial institution under section 19 of the Act. However, both the Tribunal and the High Court found that the assessee did not meet the criteria to be classified as a financial company under section 2(5B)(iv) of the Act. Therefore, the interest-tax imposed on the assessee was deemed improper.4. The judgment emphasizes that the Tribunal extensively reviewed the facts, materials, and evidence before reaching its decision. The court found no legal flaws in the Tribunal's order and concluded that no substantial question of law was involved in the appeal. As a result, the appeal was dismissed, affirming the Tribunal's decision to delete the interest charged under sections 12 and 12A of the Act.5. The judgment concludes by directing all parties to act on a signed copy of the order and providing for the supply of an urgent xerox certified copy of the order upon application, subject to compliance with formalities.