Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Delay of more than 10 years condoned as tax liability fastened without authority of law: ITAT Hyderabad

Case Law Details

TaxGuru Citation
2024 taxguru.in 5654
Case Name
Rama Krishna Vs ITO (ITAT Hyderabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
Advertisement

Rama Krishna Vs ITO (ITAT Hyderabad)

ITAT Hyderabad condoned delay of nearly a decade in filing of an appeal since tax liability was fastened on the assessee without an authority of law and it is a well settled principle of law that unless authority of law, no tax can be collected.

Facts- The appellant, an individual was an employee with the State Bank of Hyderabad. The employer had issued to the Appellant, a Form 16 dated 02.05.2011, wherein total income was indicated at Rs. 9,86,373/-. However, the tax was deducted on actual income which was Rs. 5,02,558/-. Accordingly, the Appellant filed the return of income on 29.06.2011, admitting the total income to be Rs. 9,86,370/- totally relying on the Form 16 issued by the employer.

Thereafter, CPC issued an intimation u/s 143(1)(a) raising a demand of Rs 1,49,380/-. Subsequently, intimation u/s 245 dated 12 October, 2013, was issued to the Appellant adjusting the refund of AY 2013-14 with demand of impugned AY. Upon receipt of intimation u/s 245 on 12­10-2013 the Assessee became aware that income offered in the return was Rs.9,86,373/- as against actual income of Rs.5,02,558/- which was substantially lower than the amount mentioned in Form 16. Thereafter, the Appellant requested the Employer to issue updated/Revised Form-16 showing correct particulars. Subsequently, revised Form-16 was issued by the Employer on 20.11.2013, determining income to be Rs 5,02,558/-.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.