2022 (4) TMI 1129 - HC - Income Tax

Rectification of mistake u/s 154 - legality and validity of the Demand Notice on the ground that it is contrary to the Assessment Order for the said Assessment Year, dated 07.04.2021 - interest under Section 234 (C) was wrongly charged as such interest could not have been charged, there being no taxable income as income of the petitioner was assessed at loss - petitioner points out that even at this stage, the claim for TDS credit has been overlooked by the Assessing Officer while carrying out the rectification - HELD THAT - In the circumstances, we direct respondent No.2 to pass a fresh rectification order for the Assessment Year 2018-19 considering the above grievance of the petitioner. The same shall be done within a period of 30 days from the date of receipt of a copy of this order.

Summary

Issues:
Challenge to Demand Notice for Assessment Year 2018-19 under Section 156 of the Income-Tax Act, 1961 based on Assessment Order disparities.

Analysis:
The petitioner contested the legality of a Demand Notice issued by the 1st respondent for the Assessment Year 2018-19, as it contradicted the Assessment Order for the same year. The Assessment Order indicated a negative income figure, signifying a loss. However, the Demand Notice required the petitioner to pay a substantial amount, creating a discrepancy.

Upon filing a rectification petition under Section 154 of the Act, the petitioner argued that interest under Section 234 (C) was wrongly imposed and that the Tax Deduction at Source (TDS) credit was not fully granted, resulting in a shortfall. The Deputy Commissioner of Income Tax issued a Rectification Order acknowledging the errors in the computation of taxable income and the subsequent demand raised. The rectification was made to correct the mistakes identified in the initial assessment.

The petitioner's counsel highlighted that the Assessing Officer overlooked the claim for TDS credit during the rectification process, emphasizing the need for further correction. Consequently, the court directed the respondent to issue a fresh rectification order for the Assessment Year 2018-19, addressing the petitioner's concerns within 30 days from the date of receiving the court's order.

The writ petition was disposed of with no costs imposed, and any pending miscellaneous applications were to be closed accordingly.