2009 (12) TMI 8 - HC - Income Tax

Court Upholds Payment Order Priority: Interest First, Principal Second

M/s. Injecto Plast Versus Union Of India And Others

The court upheld the principle that in the absence of specific instructions, payments should first be adjusted towards interest accrued and then towards ... Kar Vivad Samadhan Scheme, 1998 - whether the amount deposited by the petitioner before the date of declaration in pursuance of the assessment order, which is subject matter of appeal, is liable to be adjusted towards the tax due first or towards the accrued interest – held that - a matter which has already been settled cannot be reopened under the scheme and the benefit under the scheme should not be extended to an assessee even with regard to the admitted income. If the tax has been paid or adjusted, no re-adjustment has to be done in terms of the provisions of section 88 of the scheme. In other words, it means that past is past. An accomplished fact cannot be reopened or reconsidered after commencement of the KVSS - Applying the said principle to the facts of the present case, it is no longer open to the petitioner to urge that the adjustment made by the department by making credit entry towards tax due and interest is incorrect, in a proceeding under KVSS. Issues Involved:1. Adjustment of Payment towards Tax or Interest2. Interpretation of Kar Vivad Samadhan Scheme (KVSS) Provisions3. Validity of the Commissioner's Order under KVSS4. Legal Principles on Payment AppropriationIssue-wise Detailed Analysis:1. Adjustment of Payment towards Tax or Interest:The primary issue in this case is whether the amount deposited by the petitioner should be adjusted first towards the tax due or towards the accrued interest. The petitioner argued that the deposited amount should be adjusted against the tax due, citing the Explanation to Section 140A of the Income Tax Act. However, the court noted that the petitioner had made two separate payments specifying the heads of payment under 'tax due' and 'interest due'. The department acted according to these instructions, and it was too late for the petitioner to take a contrary stand. The court upheld the principle that in the absence of specific instructions, payments should first be adjusted towards interest accrued and then towards the principal.2. Interpretation of Kar Vivad Samadhan Scheme (KVSS) Provisions:The court examined the relevant provisions of KVSS, particularly the definitions of 'disputed income' and 'disputed tax' under Section 87, and the settlement of tax payable under Section 88. The court noted that 'disputed tax' means the total tax determined and payable, which remains unpaid as on the date of making the declaration. The petitioner filed a declaration under KVSS, and the authority determined the amount payable at 35% of the disputed income. The court found that the scheme contemplates an accomplished fact, i.e., the tax which remains unpaid on the date of making the declaration.3. Validity of the Commissioner's Order under KVSS:The petitioner challenged the computation part of the order passed by the Commissioner of Income Tax under KVSS. The court found that the department made adjustments in the record as per the instructions given by the petitioner through two challans. The court held that the petitioner could not now take a different stand after the adjustment had been made as per its instructions. The court also referred to the Andhra Pradesh High Court's decision in CIL Securities Ltd. v. Commissioner of Income Tax, which held that if there were no tax arrears on the date of filing the declaration under KVSS, the scheme would not apply.4. Legal Principles on Payment Appropriation:The court referred to several legal principles and precedents regarding the appropriation of payments by a debtor. It cited the Privy Council's decision in Venkatadri Appa Row v. Parthasarathi Appa Row and the Supreme Court's decision in Meghraj v. Bayabai, which held that in the absence of specific instructions, payments should first be applied towards the discharge of interest and then towards the principal. The court also referred to the Supreme Court's decision in Industrial Credit & Development Syndicate Ltd. v. Smithaben H. Patel, which reiterated the principle that payments should be adjusted first towards interest and then towards the principal.Conclusion:The court concluded that the impugned order did not suffer from any illegality or legal infirmity. The petitioner's contention that the payments should be adjusted first towards tax was not accepted, as the petitioner had specified the heads of payment in the challans. The court dismissed the writ petition but granted the petitioner one month to make the deposit as required under the impugned order.