Tripura State Electricity Corporation Limited Vs DCIT (ITAT Kolkata)
The Miscellaneous Application was filed by the assessee seeking rectification of the Tribunal’s order dated 19.12.2022 in ITA No. 297/GAU/2018. The assessee contended that paragraph 9 of the Tribunal’s earlier order incorrectly referred to 17.03.2016 as the date of filing of the revised return, whereas the revised return had actually been filed on 23.02.2015. It was submitted that the Assessing Officer had admitted this date in the remand report before the CIT(A), and the Tribunal’s reliance on the incorrect date had led it to an erroneous conclusion. The assessee therefore requested rectification of the alleged mistake.
The Tribunal first referred to its earlier order, which had examined the interplay between Sections 143(2) and 139(5) of the Income Tax Act. It had observed that a valid return had originally been filed under Section 139(1) and that a notice under Section 143(2) had been issued within the prescribed time, thereby validly initiating assessment proceedings. The controversy before the Tribunal in the original appeal was whether the absence of a fresh notice under Section 143(2) after the filing of a revised return rendered the assessment void or constituted only an irregularity. The Tribunal had concluded that while the revised return replaced the original return for determining taxable income, non-issuance of a fresh notice under Section 143(2) in such circumstances amounted only to an irregularity and not an illegality. Consequently, it had set aside the order of the CIT(A) and restored the matter to the Assessing Officer for re-determination of taxable income after considering the revised return and granting the assessee an opportunity of hearing.
