Facts of the Case
The
present appeals were filed by the Revenue before the Delhi High Court challenging
a common order passed by the Income Tax Appellate Tribunal (ITAT) dated
30.09.2020 concerning Assessment Years 2004–05 to 2008–09.
The core
issue arose from the extension of time granted for submission of a special
audit report under Section 142(2A) read with Section 142(2C) of the Income Tax
Act, 1961.
The Revenue contended that such extension of time was validly granted, whereas the assessee challenged the legality of such extension, particularly on the ground of lack of jurisdiction.
Issues Involved
- Whether the Assessing
Officer (AO) had validly granted extension of time under the proviso to
Section 142(2C) of the Income Tax Act, 1961.
- Whether the power to extend
time under Section 142(2C) is administrative/procedural and can be
exercised by a superior authority such as the Commissioner of Income Tax
(CIT).
- Whether, in light of Section 292B, the extension granted could still be considered valid despite procedural irregularities.
Petitioner’s (Revenue’s) Arguments
- The Revenue argued that the
extension of time for submission of the audit report was valid and in
accordance with the statutory provisions.
- It was contended that the
extension power under Section 142(2C) is procedural in nature and can be
exercised by a superior authority such as the CIT.
- The Revenue further submitted that even if there was any procedural defect, Section 292B would cure such defect since the action was in substance in conformity with the intent of the Act
Respondent’s (Assessee’s) Arguments
- The assessee argued that the
statutory power to extend time under Section 142(2C) is vested exclusively
in the Assessing Officer and cannot be delegated or exercised by any other
authority.
- It was contended that
extension granted by the Commissioner of Income Tax was without
jurisdiction and hence invalid.
- The assessee emphasized that the process of special audit under Section 142(2A) has civil consequences and therefore cannot be treated as a mere administrative function.
Court’s Findings / Order
- The Delhi High Court held
that the power to extend time under Section 142(2C) is vested solely in
the Assessing Officer and cannot be exercised by any superior authority
such as the CIT.
- The Court clarified that:
- The discretionary power
given by statute must be exercised by the authority to whom it is
entrusted.
- Such power is non-delegable
in nature.
- It was further held that:
- The process of ordering a
special audit under Section 142(2A) is not administrative, but
part of the assessment proceedings and has civil consequences.
- Therefore, strict adherence
to statutory provisions is required.
- The Court rejected the
applicability of Section 292B in curing such jurisdictional defect.
- Accordingly, all questions of law were answered in favour of the assessee and against the Revenue, and the appeals were dismissed.
Important Clarifications
- Power under Section 142(2C)
is non-delegable and must be exercised only by the Assessing
Officer.
- Special audit proceedings
under Section 142(2A):
- Are part of
judicial/assessment process
- Have civil consequences
- Cannot be treated as
administrative actions
- Even procedural provisions
cannot override jurisdictional requirements.
- Section 292B cannot validate actions taken by an authority lacking jurisdiction.
Sections Involved
- Section 142(2A) – Special
Audit
- Section 142(2C) – Extension
of Time for Audit Report
- Section 292B – Return of
Income, etc., not to be invalid on technical grounds
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/RAS11122023ITA4552022_182209.pdf
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