When fresh assessment is barred no further demand for recovery is possible

United Spirits Limited Vs ACIT (Karnataka High Court)

Karnataka High Court held that even if the tax paid is found to be less than that payable, no further demand can be made for recovery of the balance amount when a fresh assessment is barred.

Facts- The petitioner is a public limited company, and the petitioner has filed its return of income. AO, after a scrutiny assessment u/s. 143(3) has passed assessment after making various disallowances. CIT(A) partly allowed the appeal.

Meanwhile Rectification Orders u/s. 154 of the IT Act are passed rectifying certain errors in the assessment order permitting certain refunds.

The petitioner has filed respective appeals under Section 253 of the IT Act before the Income Tax Appellate Tribunal [for short, ‘the ITAT] against the orders of the CIT [Appeals], and the ITAT has disposed of these appeals by common order dated 31.03.2015 as contemplated under Section 254 of the IT Act stating that the appeals are allowed for statistical purposes with certain conclusions.

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