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Case lawSupreme Court › Mcorp Global (P) Ltd v CIT
Supreme CourtCuts both wayss.254(1)s.32(1)(ii)

Mcorp Global (P) Ltd v CIT

In my own appeal the Tribunal has taken away a deduction the Assessing Officer had already allowed me — can it do that?

In my own appeal the Tribunal has taken away a deduction the Assessing Officer had already allowed me — can it do that?

No. The Supreme Court held that the Tribunal has no power to enhance an assessment or to take back a benefit the Assessing Officer had granted, applying Hukumchand Mills. Depreciation had been allowed on 42,000 bottles; the Tribunal and the High Court, by holding the whole transaction to be a financial arrangement rather than a lease, took that benefit away, and that was not permissible. The disallowance of Rs 18,04,572 was deleted. On the second transaction the Court upheld the concurrent finding that the lease was a sham and confirmed the disallowance of Rs 30,17,122. The appeal was partly allowed.

Decided by the Supreme Court (Supreme Court of India — S.H. Kapadia and H.L. Dattu JJ (judgment by Kapadia J)) on 2009-02-12, reported as AIRONLINE 2009 SC 385; Civil Appeal No. 955 of 2009. It bears on section 254(1), section 32(1)(ii) of the Income Tax Act 1961, in Appeals and Assessment & Scrutiny matters.

Still good law. It applies Hukumchand Mills, a decision of this Court on the corresponding provision of the 1922 Act, rather than departing from it, and the source page records about thirty citing decisions. Nothing in the judgment suggests any doubt about the proposition. Whether later decisions have qualified it, and how it sits with the Commissioner (Appeals)' express power of enhancement under section 251, was not checked; assessed from the judgment alone.

Why it matters

Two things make this worth citing. First, the limit on the Tribunal's appellate power: in the assessee's own appeal it cannot leave the assessee worse off than the assessment left him, which is the practical answer to a Departmental submission that invites the Tribunal to re-open a matter already decided in the assessee's favour. Second, an internal consistency point the Court makes on the way — if depreciation stands for part of the assets, the transaction cannot simultaneously be a lease for that part and a financial arrangement for the rest. The second half of the judgment is a caution: where the documents themselves contradict the arrangement, as a sub-lease dated before the lease did here, a sham finding is a finding of fact and no alternative claim to be taxed only on the interest element survives it.

Binding on every court and authority in India.

Not yet CA-verified. This entry was found through the sources listed under the Sources tab, and the summary reflects what those sources say. Nobody has yet read the full judgment and signed it off. Check the source before relying on it.

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