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AO not Obliged to Rectify Under Section 154 Without Clear Data: ITAT Nagpur
Case Law Details
- Case Name
- Hariom Biotech Agri Farming Vs DCIT (ITAT Nagpur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Nagpur
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Hariom Biotech Agri Farming Vs DCIT (ITAT Nagpur)
In the case of Hariom Biotech Agri Farming Vs DCIT, the ITAT Nagpur addressed whether rectification under Section 154 of the Income Tax Act was mandatory for the Assessing Officer when clear data is unavailable. The dispute arose from the assessment for the year 2018-19, where the Central Processing Centre (CPC) had processed the assessee’s return but did not grant an exemption for agricultural income amounting to Rs. 1,15,69,581, which the assessee claimed as exempt. The CPC’s rejection was based on the omission of details...
Author Info
It seems to be very unfair to reject the claim of the assessee for non-furnishing of the required details of agri. income in the ROI filed. If required details are not given, while disposing of the rectification petition, the details could have been obtained. But it seems that rectification petitions are disposed of by simply reprocessing the ROI filed and there is no human intervention. All Rectification Petitions should be disposed of by the Jurisdictional Assessing Officers concerned after going through the contents of the petition. As per the present Income Tax Act the time given for disposing of the petition is 4 years, which is too long. They should be disposed of within 30 days and till that time the collection of taxes should be granted automatic stay.