I.T.A. No. 485/Kol/2014. Case: C.P.L. Tannery Vs ACIT (CPC). ITAT (Income Tax Appellate Tribunal)

Case NumberI.T.A. No. 485/Kol/2014
CounselFor Appellant: Gautam Banerjee, FCA and For Respondents: Rajat Kumar Kureel, JCIT, Sr. DR
JudgesN.V. Vasudevan Member (J) and M. Balaganesh, Member (A)
IssueConstitution Of India - Article 265; Income Tax Act, 1961 - Sections 143(1), 143(1)(a), 154, 250
Judgement DateApril 05, 2017
CourtITAT (Income Tax Appellate Tribunal)


M. Balaganesh, Member (A), (Kolkata Bench)

  1. This is appeal filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-XIX (hereinafter referred to as the "ld.. CIT(A))", Kolkata, dt. 31.01.2014, passed under section 250 of the Income Tax Act, 1961 (hereinafter referred to as the "Act") relating to Assessment Year 2009-10.

  2. The only issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in upholding the determination of total income at Rs. 80,54,878/- u/s. 143(1) of the Act in the facts and circumstances of the case.

  3. The brief facts of this issue is that the assessee is a partnership firm and filed its return of income for the Asst Year 2009-10 electronically on 29.9.2009 showing total income of Rs. 86,96,990/- and the same was processed u/s. 143(1) of the Act by the Central Processing Centre (CPC) and demand was raised thereon. The assessee on receipt of the same came to know that some error had crept in the electronic return filed by it. Accordingly it came to understand that the correct income of the assessee firm was only Rs. 10,79,809/- and tax thereon was duly paid along with the return of income. In fact the tax paid by the assessee would. work out only for the income of Rs. 10,79,809/-. It was pleaded that if the income which was filed electronically is considered i.e. Rs. 86,96,990/-, then there would. be substantial increase in tax liability of the assessee which was not the case as could. be evident from the ITR V Acknowledgement, wherein the income was reflected at Rs. 86,96,990/-, whereas the tax payable was reflected only at Rs. 3,33,661/-. The assessee understood that this was clearly an error in the return which was filed electronically. The ld. AO determined the total income at Rs. 86,96,990/- u/s. 143(1) of the Act as per the return filed electronically by the assessee ignoring the mistake committed by the assessee as stated supra and raised a demand accordingly. The assessee preferred a rectification petition u/s. 154 of the Act on 9.7.2013 before the ld. AO which was not acted upon by the ld. AO. The assessee also preferred an appeal before the ld. CIT(A) against the order u/s. 143(1) of the Act. The ld. CIT(A) however upheld the action of the ld. AO. Aggrieved, the assessee is in appeal before us on the following grounds:-

    1. For that the intimation u/s. 143(1)(a) dated 1.10.2010 determining business income at Rs. 80,54,878 and consequent determination of...

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