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Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2024 (5) TMI HC This

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2024 (5) TMI 828 - HC - Income Tax


Issues Involved:
The issues involved in the judgment are the challenge to a computation sheet and a notice of demand u/s 143(1) of the Income Tax Act, 1961, based on discrepancies between the assessment order and the communication demanding payment.

Judgment Details:

Challenge to Computation Sheet and Demand Notice:
The petitioner filed the return of income for assessment year 2022-2023, which was initially processed without any additions. However, the assessment was later selected for scrutiny, resulting in an assessment order that confirmed no additions were necessary. Despite this, a demand for a significant sum of Rs. 5,04,29,383/- was made through a computation sheet and a demand notice, prompting the filing of the writ petition.

Discrepancies and Errors:
The counsel for the petitioner highlighted that the assessment order did not propose any additions to the income return, indicating errors in the computation sheet and the demand notice. The respondent's counsel acknowledged a discrepancy between the assessment order and the communications demanding payment.

Judicial Analysis and Conclusion:
Upon reviewing the assessment order, it was evident that no additions were intended for the issues outlined therein. Consequently, the demand specified in the computation sheet and the notice cannot be upheld. The writ petition was allowed, leading to the quashing of the computation sheet and the consequential notice of demand. No costs were awarded, and the connected miscellaneous petitions were closed.

 

 

 

 

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