PRABHUDAS VELJIBHAI CHAUDHARI vs. PRINCIPAL COMMISSIONER OF INCOME TAX 4
What did the High Court hold?
The High Court held that the impugned order of the Principal Commissioner dated 20.03.2018 was to be quashed and set aside. The matter was remitted back to the Principal Commissioner of Income Tax for adjudicating the issue with regard to Section 50C of the Act. The Court clarified that the issue with regard to limitation stood concluded and would not be reopened by the Principal Commissioner. The Court explicitly stated that it had not expressed any opinion on the merits of the Section 50C issue, leaving it to the Principal Commissioner to decide in accordance with the law. Consequently, the issue of penalty, which was consequential to the Section 50C addition, was also to be decided afresh by the Principal Commissioner.
What were the facts?
The assessee, Prabhudas Veljibhai Chaudhari, filed a writ application challenging an order dated 20.03.2018 passed by the Principal Commissioner of Income Tax (PCIT), Ahmedabad. This order imposed a penalty under Section 271(1)(c) of the Income Tax Act, 1961, following an addition of Rs. 48,48,309 made under Section 50C of the Act. The PCIT had initially rejected the assessee's revision petition filed under Section 264 of the Act due to a delay of 29 days. However, the PCIT proceeded to decide the revision petition on merits, addressing issues related to Section 54B and Section 50C of the Act. The High Court had previously, on 18.01.2021, remitted the matter to the PCIT concerning the Section 50C issue.
What were the issues?
1. Whether the Principal Commissioner erred in rejecting the revision petition filed under Section 264 of the Income Tax Act, 1961, on grounds of limitation, despite proceeding to decide the matter on merits? 2. Whether the addition of Rs. 48,48,309 under Section 50C of the Act was justified, particularly concerning the applicability of the first proviso to Section 50C(1) regarding the date of agreement versus the date of registration and the mode of payment? 3. Whether the penalty imposed under Section 271(1)(c) of the Act was sustainable in light of the dispute regarding the addition under Section 50C? Assessee's contentions: The assessee argued that the PCIT did not record any finding on the issue of Section 50C and therefore, the matter should be remitted for adjudication on this specific issue. The assessee also relied on the first proviso to Section 50C(1) and contended that the Jantri rates revised on the date of registration could not be taken into account, as the payment was made through an account payee cheque. Revenue's contentions: The revenue did not explicitly record separate contentions for each issue, but their participation implies a defense of the PCIT's order. The judgment notes that the PCIT rejected the revision petition on limitation but then decided it on merits.
Which sections of the Income-tax Act were involved?
Section 264,Section 271(1)(c),Section 50C,Section 54B,Section 54
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
The subject matter of challenge in the present writ application is to the order dated 20.03.2018 passed by the Principal Commissioner of Income Tax, Ahmedabad, under Section 264 of the Income Tax Act, 1965 imposing penalty under Section 271 (1)(c) of the Act, on addition of Rs.48,48,309/ made under Section 50C of the Act.
In the aforesaid context, we may state that in the case of the very same writ applicant herein before us, we decided the issue of Section 50C of the Act by remitting the matter to the Principal Commissioner. We quote the order passed by this Court on 18.01.2021:
“1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “A) this Hon’ble Court be pleased to call for the records of the proceedings, look into them and be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the order of Respondent at Annexure – H. B) this Hon’ble Court be further pleased to hold that Rs.48,48,309/ is wrongly added u/s. 50C in the hands of the petitioner or in the alternative this Hon’ble Court be pleased to condone the delay in filing the application before the Respondent and set aside the proceedings to the Respondent to be decided afresh on the issue of Section 50C with a direction that the same may be considered on merits. C) Pending the final hearing and final disposal of this application, this Hon’ble Court be pleased to ask the Respondent and his subordinate officers to maintain status quo in any followup action on the petitioner consequent upon the above order at Annexure – H. D) this Hon’ble Court be pleased to grant any further or other relief as this Hon’ble Court deems just and proper in the interest of justice, and E) this Hon’ble Court be pleased to allow this application with costs against the respondent.”
We need not delve much into the facts of this case as the order passed by a coordinate Bench of this Court dated 08.10.2018 while issuing notice is quite self explanatory. The order dated 08.10.2018 reads thus :
“1. The petitioner has challenged an order dated 19.03.2018 passed by the respondent Principal Commissioner of Income Tax rejecting
the petitioner’s
revision petition under section 264 of the Income Tax Act, 1961 (’the Act’ for short). In such order, the Commissioner noted that the revision petition was filed beyond the period of limitation by 29 days. He was not convinced by the explanation rendered by the petitioner
for such delay. Nevertheless, he proceeded to decide the revision petition on merits as well. The petitioner had raised two issues. One was the decision of the Assessing Officer not granting exemption under section 54B of the Act and the other being the applicability of section 50C of the Act in relation to sell of land by the petitioner.
Counsel for the petitioner submitted that he does not dispute the Commissioner’s order in connection with the claim of the petitioner under section 54 of the Act. However, with respect to revised capital gain under section 50C of the Act, counsel relied on the 1st proviso to subsection (1) of section 50C of the Act which was inserted with effect from 01.04.2000, as per which, if the date of agreement fixing the amount of consideration and the date of registration for the transfer of capital asset are not the same, the value adopted or assessed or assessable by the stamp valuation authority on the date of agreement may be taken for the purposes of computing full value of consideration for such transfer. Counsel pointed out that the requirement of the further proviso for applicability of the said proviso viz. That the payment should have been made through account payee cheque or bank draft or through electronic clearance system was satisfied in the present case. According to the petitioner therefore the Jantri rates as revised on the date of registration of the sale deed could not have been taken into account. Counsel pointed out that the Commissioner in the impugned order though recorded this contention, did not decide the same.
NOTICE, returnable on 29.10.2018. Direct service is permitted.”
We have heard Mr. Manish J. Shah, the learned counsel appearing for the writ applicant and Mr. Manish Bhatt, the learned Senior counsel assisted by Mrs. Mauna M. Bhatt, the learned Senior Standing counsel appearing for the respondent.
A very unusual order came to be passed by the Principal Commissioner of Income Tax, Ahmedabad while disposing of the Revision Application filed by the Assessee under Section 264 of the Act, 1961. We may first quote the relevant observations with regard to the delay in filing the application under Section 264 of the Act. The observations are as under: “As per provision contained in sub section (3) of section 264 application for revision under this section by the assessee, must be made within one year from the date on which the order in question was communicated to him. In this case, the assessment order was served on 29.01.2016 upon the assessee. Thus, assessee was required to file application on or before 29.01.2017 but it has filed on 27.02.2017. Thus, there was a delay of 29 days in filing the application. Assessee himself admitted that the application was late and has not given any plausive/concrete reason except health ground with supporting evidence for this delay/lapse. Thus, for want of justifiable reasons, assessee application is barred by time limitation and not maintainable as such, the case of the assessee does not fall in proviso of sub section (3) of Section 264 of the I.T. Act, and hence, the same is rejected.”
Thus, although the Principal Commissioner recorded a finding that the revision application was time barred and the same was liable to be rejected on such ground and in fact came to be rejected, yet the Principal Commissioner, thereafter proceeded to consider the matter on merits.
As noted above, there were two issues before the Principal Commissioner, one with regard to the claim under Section 54 of the Act and another with respect to the revised capital gain under Section 50C of the Act.
Mr. Manish Shah, the learned counsel appearing for the writ applicant would submit that he is confining his case only to Section 50C of the Act. According to him, the Principal Commissioner has not recorded any finding, as regards Section 50C of the Act and for this limited purpose, the matter may be remitted so that the issue of Section 50C can be considered.
Mr. Manish Bhatt, the learned Senior Counsel would submit that as the only issue that needs to be now to be decided is with regard to Section 50C of the Act, let the matter be sent back to the Principal Commissioner.
For the forgoing reasons, this writ application succeeds in part. The impugned order passed by the Principal Commissioner, Ahmedabad dated 19th March, 2018, Annexure – H to this writ application, page99, is hereby quashed and set aside. The matter is remitted to the Principal Commissioner of Income Tax4, Ahmedabad for the purpose of adjudicating the issue with regard to Section 50C of the Act. 10.At this stage, we may once clarify again so that there may not be any confusion in future that the issue with regard to limitation stands concluded. The issue with regard to limitation shall not be respondentopened by the Principal Commissioner while adjudicating the claim of the writ applicant with respect to Section 50C of the Act. In this regard, we clarify that we have not expressed any opinion on merits. We leave it to the Principal Commissioner to decide the same in accordance with law.”
Thus, we are of the view that as the issue with regard to Section 50C of the Act is to be decided afresh by the Principal Commissioner, the issue with regard to penalty also should be decided afresh by the Principal Commissioner.
In the result, this writ application succeeds in part. The impugned order dated (at AnnexureA) dated 20.03.2018 is hereby quashed and set aside and the matter is remitted to the Principal Commissioner of Income Tax, Ahmedabad. The Principal Commissioner shall decide both the issues with respect to Section 50C of the Act as well as the issue with regard to the penalty.
With the above, this writ application stands disposed of. (J. B. PARDIWALA, J) (ILESH J. VORA,J) SUCHIT
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