Sanjay Sharma L/H of Late Divya Kala Sharma vs Addl./JCIT

Parties Involved

Facts Summary

The appeal arises from an order passed by the Commissioner of Income Tax (Appeals) against the order of the Commissioner of Income Tax, Bengaluru, for the Assessment Year 2024-25. The assessee, Sanjay Sharma, filed an income tax return under the old tax regime, but the tax computation was made under the new tax regime. The CPC processed the return and computed the tax liability under the old tax regime, which was later rejected by the Commissioner of Income Tax (Appeals). The assessee filed an appeal before the Income Tax Appellate Tribunal. The Tribunal found that the assessee had computed the tax liability under the new tax regime but erroneously mentioned the old tax regime in the return due to a clerical error by the accountant. The Tribunal allowed the appeal and directed the Assessing Officer to compute the tax liability under the new tax regime.…

Legal Issues

• 1. Whether the assessee would be eligible for income to be computed as per the new tax regime u/s 115BAC of the Act in the facts and circumstances of the instant case.

Judgment Outcome

Decided in favour of Assessee.

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