Jyoti Builders v. Additional/Joint/Deputy/Assistant Comm. Of Income Tax And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4782 OF 2022 Jyoti Builders .. Petitioner v/s.
Additional/Joint/Deputy/Assistant Commissioner of Income Tax & Anr.
.. Respondents ...
Mr. Sukhsagar Syal a/w N.R. Modi i/b. Rustomji & Ginwala for the petitioner.
Ms. Shilpa Goel i/b. Mr. Akhileshwar Sharma for the respondents. ...
CORAM : DHIRAJ SINGH THAKUR AND KAMAL KHATA, JJ.
DATED : 3RD FEBRUARY, 2023.
P.C. :
.
The petitioner inter alia challenges the order of Assessment dated rd September 2022 under Section 143(3) r/w Section 144B of the Income Tax Act ("The Act"), for the Assessment Year 2020-21. The Assessing Officer in the order of Assessment had determined the gross total income of the petitioner at Rs.4,57,18,304/- and the amount of tax payable was determined at Rs.87,48,804/-.
Digitally signed by SANDHYA BHAGU WADHWA Date:
2023.02.10 10:32:41 +0530 SANDHYA BHAGU WADHWA 1/2 12.wp-4782-22.doc wadhwa
2.
The petitioner questioned this figure of Rs.4,57,18,304/- as there was no basis for arriving at the said figure. In the affidavit-in-reply that has been filed by the respondents, it has been admitted that the income of Rs.4,57,18,304/- and the tax determined thereupon at Rs.87,48,804/- was due to a system error which was in the process of being rectified. It is also stated that the Faceless Assessing Officer ("FAO") in fact has assessed the income at Rs.1,920/- as per Exhibit R/1 which is annexed with the affidavit-in-reply.
3.
Be that as it may, since the respondents have admitted that the figures reflected in the order of Assessment were incorrect due to a system error, which error is in the process of being rectified, the petition is disposed of with the following directions; (a) The Assessment Order which is being rectified, shall not be acted upon and no coercive action shall be taken based thereupon. (b) In case any cause survives, it would be open to the petitioner to have the petition revived to such appropriate directions. (c) Costs of Rs.25,000/- to be deposited in the Advocate's Welfare Fund within one week by the respondents.
(KAMAL KHATA, J.) (DHIRAJ SINGH THAKUR, J.) 2/2 12.wp-4782-22.doc wadhwa