NLC Tamil Nadu Power Limited Vs Centralized Processing Centre (Madras High Court)
The Madras High Court considered a writ petition challenging a rectification order dated 01.06.2023 passed under Section 154(3) of the Income Tax Act, 1961. The rectification related to an intimation purportedly issued under Section 143(1) on 29.12.2021. The petitioner submitted that the dispute arose due to a defective Form No. 3CD filed under Section 44AB on 29.12.2020, and acknowledged that a revised Form No. 3CD was filed later on 02.03.2024, after the rectification order had been passed.
From the counter affidavit, it emerged that neither the original intimation under Section 143(1) nor the rectification intimation under Section 154(3) had been properly communicated to the petitioner due to technical reasons. Taking note of these facts and the subsequent filing of the revised audit report, the Madras High Court remitted the matter back to the first respondent to consider the revised Form 3CD and issue a fresh intimation under Section 143(1) in accordance with law. The Court further directed that the period during which the proceedings were pending would be excluded for computing limitation under Section 153. The writ petition was disposed of without costs.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
