Facts of the Case
The Income Tax Appellate Tribunal (ITAT), by its
order dated 23.09.2008, decided appeals relating to Assessment Years 2002-03
and 2003-04 in favour of the assessee. Consequently, substantial refund amounts
became payable to the assessee for the said assessment years.
Subsequently, the Assessing Officer passed an
assessment order dated 29.12.2008 under Section 143(3) of the Income-tax Act
for Assessment Year 2005-06, creating a tax demand along with interest
liability.
Thereafter, the Assessing Officer issued a show
cause notice proposing adjustment of the refundable amounts pertaining to
Assessment Years 2002-03 and 2003-04 against the outstanding demand for
Assessment Year 2005-06. The proposal was ultimately confirmed through an order
dated 09.03.2009.
Aggrieved by the adjustment order, the assessee
approached the Delhi High Court by way of a writ petition.
Issues Involved
- Whether
refund amounts arising from earlier assessment years could be adjusted
against a subsequent assessment year's demand when the assessment order
creating such demand was under challenge in appeal.
- Whether
the Assessing Officer was justified in adjusting the refund amount before
consideration of the assessee’s stay application against the assessment
demand.
- Whether
interference under Article 226 of the Constitution was warranted against
the adjustment order.
Petitioner’s Arguments
The petitioner contended that:
- The
Assessing Officer had ignored the favourable ITAT order dated 23.09.2008
relating to Assessment Years 2002-03 and 2003-04 while framing the
assessment for Assessment Year 2005-06.
- The
demand raised for Assessment Year 2005-06 was legally unsustainable and
had already been challenged before the appellate authority.
- A
stay application was proposed to be filed in the pending appeal and there
was a strong likelihood of obtaining interim protection.
- The
refund amounts payable to the petitioner could not legally be adjusted
against the disputed demand.
- The
order confirming adjustment was a non-speaking order and failed to
adequately consider the merits of the assessee’s objections.
Respondent’s Arguments
The Revenue justified the adjustment of refunds
against the outstanding demand raised pursuant to the assessment order for
Assessment Year 2005-06 and defended the action taken by the Assessing Officer
in accordance with the demand existing on record.
Court Findings
The Delhi High Court observed that the petitioner
had already filed an appeal against the assessment order for Assessment Year
2005-06 and was entitled to pursue a stay application before the Commissioner
of Income Tax (Appeals).
The Court held that the appropriate course for the
petitioner was to seek stay of the demand before the appellate authority.
The Court further clarified that:
- If
no stay was granted against the demand for Assessment Year 2005-06, the
adjustment order dated 09.03.2009 would not call for interference.
- If
the CIT(A) or any higher appellate authority granted stay against the
demand, the refund amounts relating to Assessment Years 2002-03 and
2003-04 would be required to be released to the assessee.
Accordingly, the Court refrained from examining
the merits of the assessment and left the matter to be considered by the
appellate authority.
Court Order
- The
writ petition was disposed of.
- Liberty
was granted to the petitioner to pursue a stay application before the
CIT(A).
- The
appellate authority was directed to consider all contentions of the
petitioner, including reliance upon the ITAT order.
- In
the event stay was granted, the refundable amounts for Assessment Years
2002-03 and 2003-04 were to be released to the assessee.
- The
Court expressly stated that it had not expressed any opinion on the merits
of the assessment dispute.
Important Clarification
The judgment emphasizes that where an assessment
demand is under challenge before the appellate authority, the appropriate
remedy for an assessee is to seek a stay of recovery proceedings. The High
Court ordinarily will not interfere with adjustment of refunds when a statutory
appellate remedy and stay mechanism are available. However, if a competent
appellate authority grants stay of the demand, the Revenue cannot continue
withholding refundable amounts merely on the basis of the disputed demand.
Sections Involved
- Section
143(3) of the Income-tax Act, 1961
- Provisions
relating to adjustment/set-off of refunds against outstanding tax demand
under the Income-tax Act, 1961
- Appellate remedies before Commissioner of Income Tax (Appeals) [CIT(A)]
Link to download the order -
https://delhihighcourt.nic.in/app/case_number_pdf/2009:DHC:6578-DB/AKS14072009CW100852009_160455.pdf
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