1999 (12) TMI 93 - AT - Income Tax

Court dismisses Revenue's appeal on additional tax for losses, upholds CIT(A) order. Penalty not retroactive.

Deputy Commissioner Of Income-Tax. Versus Manish Organics India Ltd.

The court dismissed the Revenue's appeal against the CIT(A)'s order for the assessment year 1990-91, which held that additional tax under section 143(1A) ... Assessment Issues:1. Additional tax under section 143(1A) chargeable when total income is a loss.Analysis:The appeal was filed by the Revenue against the order of the CIT(A) for the assessment year 1990-91. The sole ground of appeal was the direction by the CIT(A) that additional tax under section 143(1A) is not chargeable when the total income after adjustments is a loss. The AO had processed the return and determined a loss, after which additional tax was imposed. The CIT(A) held that no additional tax can be charged when the income after adjustments results in a loss.The key contention revolved around the nature of the additional tax under section 143(1A). The amended provisions of section 143(1A)(a)(ii) were introduced with a retrospective effect from April 1, 1989. The legislative intent behind the provision was to penalize inaccurate or wrong returns by imposing additional tax as a deterrent. The levy of additional tax was considered a penalty to enforce compliance with tax laws. The imposition of additional tax was intended as a penalty for filing inaccurate returns, as clarified by judicial precedents.The principle of Common Law jurisprudence dictates that the law operational at the time of the wrongful act determines the penalty. Returns for the assessment years in question were filed before the enactment of the amended section 143(1A), leading to the conclusion that penal liabilities could not be imposed retrospectively. While some High Courts upheld the retrospective operation of the amended section, the decision in this case followed the view that section 143(1A) would not have retrospective application. Consequently, the orders of the CIT(A) canceling the levy of additional tax for the assessment years were upheld, and the appeal of the Revenue was dismissed.