Shri Sant Gadge Maharaj Sut Girni Ltd. v/s Dy. Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee, Shri Sant Gadge Maharaj Sut Girni Ltd., filed its return of income on 29/09/2018, declaring loss and no tax payable. The order under section 143(3) of the Income Tax Act, 1961 was passed accepting the returned income without any modification to the returned income. However, the computation sheet showed a tax payable of ` 2,62,054. The learned CIT(A) dismissed the appeal on the ground of non-persuasion despite repeated opportunities being granted. The assessee challenged this decision, arguing that the demand was flawed and uncollectable.…

Legal Issues

• 1. The learned A.O. erred in raising demand of Rs.2,62,054/- inspite of income determined in the regular assessment framed at Rs. Nil.
• 2. The learned CIT(A) erred in dismissing the appeal without deciding the merits of grounds in the appeal filed by assessee.

Judgment Outcome

Decided in favour of Assessee.

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