CATHERINE THOMAS, vs. PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX,
What did the High Court hold?
The High Court held that the 2nd proviso to Section 220(2) of the Income Tax Act, 1961, inserted by the Finance Act of 2014, has prospective operation and is applicable only with effect from 01.10.2014. The Court agreed with the petitioner's submission that this provision cannot be applied retrospectively to a tax demand that crystallized and was paid before the effective date. Citing the Supreme Court judgment in Vikrant Tyres Ltd v. First Income Tax Officer, the Court reasoned that Section 220(2) applies when an assessee defaults in payment of tax after the notice of demand and the subsequent 35-day period. Since the petitioner paid the tax within 35 days of the crystallization order dated 10.01.2011, no default occurred. Therefore, the Department was not empowered to levy interest under Section 220(2) on the tax already paid. The writ petition was allowed, and the impugned demand notice (Ext.P12) was set aside. No issue was expressly left undecided.
What were the facts?
The petitioner, Catherine Thomas, filed a writ petition challenging a demand notice (Ext.P12) for Rs. 16,11,512/- as interest on income tax. The original tax amount was Rs. 10,76,869/-, determined by an order dated 10.01.2011 (Ext.P4) passed on her rectification application. The petitioner paid the entire tax amount on 27.01.2011, within 35 days of the Ext.P4 order. The dispute centers on the applicability of the 2nd proviso to Section 220(2) of the Income Tax Act, which was inserted by the Finance Act of 2014 and made effective from 01.10.2014. The petitioner argues this provision cannot apply to demands crystallized and paid before that date.
What were the issues?
1. Whether the 2nd proviso to Section 220(2) of the Income Tax Act, 1961, inserted by the Finance Act of 2014 with effect from 01.10.2014, can be applied retrospectively to a tax demand that crystallized and was paid before 01.10.2014? (Question of law) Assessee's Contentions: - The 2nd proviso to Section 220(2) is prospective, effective only from 01.10.2014, and cannot be applied to demands crystallized and paid prior to this date. - The petitioner's case should be governed by the unamended Section 220 as it existed before 01.10.2014. - Interest under Section 220(2) is leviable only when an assessee defaults in payment of tax after the notice of demand under Section 156 and a further period of 35 days. - The petitioner paid the tax within 35 days of the crystallization order (Ext.P4), hence no default occurred. - Relied on the Supreme Court judgment in Vikrant Tyres Ltd v. First Income Tax Officer. Revenue's Contentions: - The learned Standing Counsel for the Income Tax Department did not dispute the legal position that the 2nd proviso has prospective operation from 01.10.2014.
Which sections of the Income-tax Act were involved?
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Cause title — parties, addresses and appearances
within 35 days from the date of Ext.P4 order.
The learned counsel for the petitioner has placed reliance on the judgment of the Supreme Court in the case of Vikrant Tyres Ltd v.First Income Tax Officer [Income Tax Report, Vol.247, Page 821]. In the afore-mentioned judgment it was held that Section 220(2) of the Income Tax Act would be applicable in a case where even after the notice of demand under Section 156 and after a further period of 35 days as provided under Section 220(1) the assessee continue as a defaulter in the matter of payment of tax. Only in case where the assessee defaults in payment of tax assessed, 35 days after the notice of demand under Section 156 liability to pay interest accrues.
The learned counsel therefore submits that in the present case the demand was crystallized only on 10.01.2011 by Ext.P4 order and the assessee had paid the crystallized tax amount within 35 days from the said date ie. on 27.01.2011. It is therefore submitted that the petitioner cannot be held liable to pay the interest by taking recourse to the 2nd proviso of Section 220(2) which has been introduced with effect from 01.10.2014. 6. The learned Standing Counsel for the Income Tax Department has not disputed the legal position that the 2nd proviso which has been introduced in the Finance Act of 2014 will have prospective operation with effect from 01.10. 2014. As the Finance Act itself makes it clear that it has come into with effect from 01.10.2014 and therefore, by no stretch of imagination its operation cannot be said to be retrospective. Considering the said position of law, and also taking into consideration the judgment of the Supreme Court in the case of Vikrant Tyres (supra), I find substance in the submission of the learned Counsel for the petitioner that the petitioner cannot be held to be default in making the payment of tax which was crystallized by Ext.P4. Therefore, Section 220(2) would not empower the Department in levying interest on the tax assessed which has already been paid. Thus, the present writ petition succeeds. Ext.P12 impugned notice is set aside. DINESH KUMAR SINGH JUDGE AP
Appendix — schedule of exhibits
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