2020 (3) TMI 1026 - HC - Income Tax

High Court remands tax appeal for further consideration, stresses cooperation & expedited disposal

The High Court accepted the plea made by the appellant's counsel, remanding certain issues back to the Commissioner of Income Tax (Appeals) for further ... Undisclosed income - inclusion of certain income at the hands of assessee's husband - search proceedings - HELD THAT:- Admittedly, search and seizure operations were carried out under Section 132 of the IT Act in the residential premises of the husband of the appellant viz., Mr.G.Narambulingam on 18.01.2000 and notice under Section 158BD of the IT Act were issued to the appellant and her husband on 31.05.2000 and 31.01.2020 respectively. No doubt, in the appeal filed before the Commissioner of Income Tax(Appeals), challenging the order of assessment dated 29.05.2002 passed by the Assessing Officer, the appellant did not appear and based on the materials available, the Commissioner of Income Tax (Appeals) had dismissed the appeal, vide order dated 08.12.2016. In the appeal filed before the Income Tax Appellate Tribunal, a specific ground as to the inclusion of certain income at the hands of her husband and remanding of the matter had been raised and in fact the Income Tax Appellate Tribunal in the impugned order dated 31.08.2017 in paragraph no.9 though referred to the order of remission passed by the Income Tax Appellate Tribunal, as regard her husband, proceeded to dispose of the appeal. As brought to the knowledge of this Court that after the order of remission passed by the Income Tax Appellate Tribunal, vide order dated 30.04.2008, as to the husband of the appellant / assessee, the proceedings are not yet completed. Once certain portion of the undisclosed income are added to the husband and that in respect of certain issues, the Income Tax Appellate Tribunal in the order dated 30.04.2008, filed by her husband, has remanded the matter to the Commissioner of Income Tax(Appeals), Madurai and during the course of arguments, it was also brought to the knowledge of Income Tax Appellate Tribunal, it should have been remanded to the Commissioner of Income Tax(Appeals) for adjudication. Substantial Questions of Law raised by the appellant / assessee, answered in her favour. Issues involved:1. Block assessment proceedings under Section 132 of the Income Tax Act, 1961 initiated against the appellant and her husband.2. Appeal filed before the Commissioner of Income Tax (Appeals) and subsequent dismissal.3. Appeal before the Income Tax Appellate Tribunal (ITAT) challenging the previous orders.4. Substantial questions of law raised in the appeal.5. Consideration of evidence and arguments by the High Court.Detailed Analysis:1. Block Assessment Proceedings:The judgment details a search conducted under Section 132 of the Income Tax Act in the case of the appellant's husband, leading to the initiation of block assessment proceedings against both the appellant and her husband. The appellant filed her return declaring Nil Income, while her husband also filed his return during the specified period.2. Appeal and Dismissal:The appellant, aggrieved by the Assessment Order, appealed before the Commissioner of Income Tax (Appeals) but did not appear before the authority on several occasions. Consequently, the appeal was dismissed based on available evidence and written submissions.3. Appeal before ITAT:Challenging the previous orders, the appellant filed an appeal before the Income Tax Appellate Tribunal (ITAT). The ITAT partly allowed the appeal, leading to the present appeal by the assessee.4. Substantial Questions of Law:Substantial questions of law raised in the appeal included issues related to the addition of undisclosed income, confirmation of additions in various aspects, and the necessity of remanding certain issues for further consideration.5. High Court Consideration:The High Court considered arguments from both the appellant's counsel and the Revenue's standing counsel. The Court analyzed the facts, including investments in a theatre building, construction of a residential building, and capital contributions in partnership firms, which were treated as undisclosed income.In conclusion, the High Court accepted the plea made by the appellant's counsel, remanding certain issues back to the Commissioner of Income Tax (Appeals) for further consideration and adjudication. The Court emphasized the need for cooperation from the appellant and directed expedited disposal of the appeals. The judgment highlighted the importance of addressing remanded issues and ensuring a fair adjudication process.