Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

HC allowed the petition, setting aside the tax demand notice ...


Tax Demand Nullified: Computational Errors Invalidate Assessment, Mandate Fresh Calculation Under Exemption Provisions

May 9, 2025

Case Laws     Income Tax     HC

HC allowed the petition, setting aside the tax demand notice issued u/s 156 due to computational errors. The court found significant discrepancies in the Assessing Officer's (AO) tax calculation and recognized the appellate order granting exemption u/s 10(26AAB). The HC directed a fresh computation of tax liability, effectively nullifying the original demand notice and the additions made u/s 69 and 69A of the Income Tax Act. The decision fundamentally rectifies the erroneous tax assessment by mandating a comprehensive recalculation that aligns with the previously granted exemption.

View Source

 


 

You may also like:

  1. HC invalidated ex-parte assessment order and demand notices that were solely based on a previously quashed FIR. The department failed to conduct independent...

  2. HC set aside GST assessment proceedings due to absence of Document Identification Number (DIN). Following established precedents and CBIC Circular No.128/47/2019-GST...

  3. HC held that assessment orders for tax years 2014-2015 and 2016-2017 were time-barred under Rule 14A (5A), which mandates assessments must be completed within four years...

  4. HC set aside GST assessment order due to absence of assessing officer's signature, holding it as a fatal procedural defect. The court determined that signature...

  5. Rectification of error - Demand of service tax on the basis of TDS statements - The mere fact that Tax Deductions at Source (TDS) may have been made by some of the...

  6. ITAT adjudicated a taxation dispute concerning penalty levy under section 270A. The tribunal examined whether disallowed expenses constituted underreported income. Key...

  7. CESTAT allowed the appeal, setting aside service tax demands predicated solely on Form 26AS without substantive evidence of service provision. The tribunal consistently...

  8. Validity of assessment u/s 153 - When the order of the Tribunal nullifies the total income assessed or determined in the original order of an assessment, it definitely...

  9. HC held assessment order invalid due to fundamental procedural defects in implementing Faceless Assessment Scheme. Original order failed to qualify as Draft Assessment...

  10. This case involves a challenge to an order of re-assessment under the relevant tax laws. The key points are: The petitioner failed to submit monthly returns within the...

  11. Validity of assessment - Jurisdiction - An irregularity in the assessment order may be rectified by remitting back the matter to the assessment. In the case on hand it...

  12. Validity of fresh assessment orders - HC quashed the assessment order invoking the writ jurisdiction - othing has been observed by the High Court on the merits of the...

  13. Penalty levied u/s 271(1)(c) - demand has already been extinguished in the order passed NCLT - The only apprehension of the assessee perhaps is that the AO may not...

  14. The preliminary assessment u/s 143(1) is limited to processing the return for arithmetical errors, incorrect expense claims, verifying audit reports, deductions, and...

  15. ITAT quashed the assessment order under sections 153A/153C, finding the Joint Commissioner of Income Tax's approval mechanically granted without substantive application...

 

Quick Updates:Latest Updates