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2023 (12) TMI 1039 - HC - Income TaxRectification u/s 154 - case of the Petitioner is that in the course of re-assessment proceedings, the Assessment Officer have wrongly added ICDS while computing taxable income u/s 115JB - also stated that in terms of provisions of law, ICDS will be added in the normal course in determining the income, but in the present case on hand, the assessee is liable to pay the tax in terms of provisions u/s115JB of the Act and hence the Petitioner filed a Rectification Petition u/s. 154 HELD THAT:- While passing the reassessment order, the Respondents have added ICDS while computing income in terms of Section 115JB of the Act. There is no provision in law to add ICDS and therefore when there was no provision, the question of adding the said ICDS while calculating deemed income under Section 115JB would not arise. In such view of the matter, the aforesaid error has to be rectified. As relying on MK VENKATACHALAM, INCOME-TAX OFFICER, AND ANOTHER [1958 (4) TMI 4 - SUPREME COURT] it is clear that in the event of any mistakes on the record both in law and on facts, it can be rectified. Following the same, this Court is inclined to set aside the impugned order.
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