Case Law Details
Jyoti Builders Vs. Additional/Joint/Deputy/Assistant Commissioner of Income Tax & Anr. (Bombay High Court)
The petitioner inter alia challenges the order of Assessment dated 23rd September 2022 under Section 143(3) r/w Section 144B of the Income Tax Act (“The Act”), for the Assessment Year 2020-21. The Assessing Officer in the order of Assessment had determined the gross total income of the petitioner at Rs.4,57,18,304/- and the amount of tax payable was determined at Rs.87,48,804/-.
2. The petitioner questioned this figure of Rs.4,57,18,304/- as there was no basis for arriving at the said figure. In the affidavit-in-reply that has been filed by the respondents, it has been admitted that the income of Rs.4,57,18,304/- and the tax determined thereupon at Rs.87,48,804/-was due to a system error which was in the process of being rectified. It is also stated that the Faceless Assessing Officer (“FAO”) in fact has assessed the income at Rs.1,920/- as per Exhibit R/1 which is annexed with the affidavit-in-reply.
3. Be that as it may, since the respondents have admitted that the figures reflected in the order of Assessment were incorrect due to a system error, which error is in the process of being rectified, the petition is disposed of with the following directions;
(a) The Assessment Order which is being rectified, shall not be acted upon and no coercive action shall be taken based thereupon.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
