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TMI Blog2021 (12) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... ER: PER HON'BLE SRI JUSTICE UJJAL BHUYAN Heard Mr.C.V.Narasimham, learned counsel for the petitioner and Mr.L.Venkateswara Rao, learned Standing Counsel for the Income Tax Department for respondents 1 and 2. 2. By filing this petition under Article 226 of the Constitution of India, petitioner has assailed the legality and validity of the assessment order dated 17.03.2021 passed by the National ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pany and its business' instead of Code No.05001 and business as 'production, collection and distribution of electricity', by inadvertent mistake. That was intimated by Central Processing Centre (CPC), Bangalore on 01.11.2019. Thereafter, petitioner filed rectification petition under Section 154 of the Act on 17.01.2020 for changing the code and consequently to consider the depreciation claim. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner under Section 154 of the Act before finalizing the assessment. Failure to do so has caused serious prejudice to the petitioner, as it has led to assessment of income on much higher side without taking into account the inadvertent mistake in entering the code number, which was sought to be rectified by the petitioner. 8. In the counter affidavit filed by respondent Nos.1 and 2, it is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing a fresh assessment order after giving effect to the rectification petition filed by the petitioner on 17.01.2020. While doing so, respondent No.1 shall also take into consideration the response filed by the petitioner on 17.03.2021 in reply to the show cause notice and draft assessment order. 11. Writ petition is, accordingly, disposed of. 12. Miscellaneous applications, if any pending, sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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