9911796707
TMI Blog2023 (1) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... note that the sum payable has to be in consequence of an order passed under the Act. In the present case before us, the computation sheet and demand payable is not in consequence with the assessment order passed by the ld. A.O wherein the return has been accepted without any modification and assessed as such. Accordingly we direct to the ld. AO to vacate the demand so raised. Ground No.3 taken by the assessee is allowed. - ITA No. 286/Kol/2022 - - - Dated:- 28-12-2022 - SHRI RAJPAL YADAV , VICE-PRESIDENT AND SHRI GIRISH AGRAWAL , ACCOUNTANT MEMBER Appellant by : Shri Soumitra Choudhury , Advocate Respondent by : Shri P. P. Barman , Addl. CIT ORDER PER GIRISH AGRAWAL , ACCOUNTANT MEMBER : This appeal by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income on 14.01.2019 reporting total income as Nil by claiming deduction u/s 80P(2) of Chapter VI-A of Rs. 31,58,116/-. Case of assessee was selected for limited scrutiny on the issue of deduction from total income under Chapter VI . 3.1. In para 3 of the assessment order, ld. AO noted that 3. In response to the notice, the assessee filed relevant requisite documents through the ITBA portal. 4. After taking into account all relevant material available on record, an assessment is hereby made without making any modification of the returned income and the sum payable or refund of any amount due on the basis of the assessment is determined as per the notice of demand. 5. Assessment order is finalized u/s 143(3) read with s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed by the ld. AO. We refer to the provisions of section 156 of the Act relating to notice of demand according to which the assessee shall be served with a notice of demand in the prescribed form when any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this Act. It is important to note that the sum payable has to be in consequence of an order passed under the Act. In the present case before us, the computation sheet and demand payable is not in consequence with the assessment order passed by the ld. A.O wherein the return has been accepted without any modification and assessed as such. Accordingly we direct to the ld. AO to vacate the demand so raised. Ground No.3 taken by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
