TaxTMI 
TaxTMI 
2012 (11) TMI 548
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....hout either intimating about the proceeding made in-violation of section 154 of the Income Tax Act 1961. An appeal against the same order is pending before the Hon'ble ITAT." 3. The grounds of appeal raised by the assessee in ITA No.1063/Chd/2010 are as under: "1. That the Learned CIT (A) has erred in confirming the order of the Assessing Officer passed u/s 254 of the Income Tax Act, 1961. 2. The order of the CIT (A) is against the principal of law and natural justice as the issue was debatable and outside the purview of section 154 of the Income Tax Act 1961." 4. The assessee in the captioned appeals is aggrieved by the orders of the Assessing Officer passed under section 154 of the Act for violation of provisions of the Act. The assessee has filed an appeal being ITA No.1063/Chd/2010 against the order passed under section 154 of the Act dated 26.3.2009 which was decided by the C IT (Appeals) vide order dated 7.6.2010. This was in consequent to suo motu order passed by the Assessing Officer under section 154 of the Act. 5. The second appeal filed by the assessee in ITA No.440/Chd/2011 is against the order passed by the Assessing Officer under section 154 of the Act dismissing....
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....and assessee had declared nil income as per page 16 of the return format. Further the assessee had declared total losses of Rs.58,40,786/- to be carried forwarded at page 17 of the return format. The computation of minimum alternate tax payable under sec 115JB of the Act is provided under Schedule MAT at page 20 of the return format at Rs.1,29,190/-. In the acknowledgement accompanying the e- return of income, in column - 4 the gross total income, deduction under Chapter VIA, total income, net tax payable, interest payable, total tax and Interest payable are declared at Nil and further taxes paid, tax payable(balance) and refund due of Rs.53,240/- 9. From the perusal of the said format of return of income it appears that there is no column for declaration of book profits under section 115JB of the Act in the acknowledgement annexed to the return of income. The assessee in the said acknowledgement had declared income at nil and had also declared total tax payable at nil, but had claimed credit of TDS of Rs.53,237/- and also claimed refund of Rs.53,240/-. The assessment records were produced by the learned D.R. for the Revenue and all the above figures have been taken from the asses....
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.... the assessee, the Assessing Officer passed another order under section 154 of the Act dated 23.6.2009, which is reproduced by the C IT (Appeals) in both its appellate orders. In respect of the first issue of the assessee of non- service of intimation under section 143(1) and notice under section 154 of the Act reducing the demand so created under section 143(1) of the Act, the Assessing Officer was of the view that as the demand was being reduced, there was no requirement to serve notice under section 154 of the Act. In respect of the other issue raised by the assessee, the Assessing Officer admitted that the acknowledgement at page No.1 had shown nil income and brought forward losses were reflected in the respective columns. However, in respect of third point the Assessing Officer stated the same was not correct as the assessee itself had shown in the MAT Schedule in e-return filed, profit before tax in Column No.3 at Rs.12,91,896/- and in Column No.6 profit under section 115JB at Rs. 12,91,896/- and tax payable under section 115JB at Rs. 1,29,190/-. The Assessing Officer further held that as the tax under MAT was determined on the basis of the return filed by the assessee, the s....
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....ice of the intimation upon the assessee, for it to avail the suitable remedy available under the Act. The assessee, as is apparent from the return of income filed for the year under consideration, had declared nil income and had claimed refund of Rs.53,240/-. Even where the said refund of the assessee was to be allowed, as per section 143(1)(ii) (preamended) of the Act, the intimation for grant of refund was to be sent by the Assessing Officer to the assessee. The words used in the provision are 'shall' and the same have to be followed by the authorities. In case any demand is created against the assessee then under section 143(1)(i)(preamended) of the Act, the provision requires an intimation shall be sent to the assessee specifying the sum so payable. In the facts of the present case before us where on processing the return of income on 29.10.2008, demand of Rs.10,86,670/- was created against the assessee as against claim of refund of Rs.53,237/- made by the assessee in its return of income, such intimation under section 143(1) of the Act had to be compulsorily served upon the assessee. The Assessing Officer, however, in the present case had thereafter passed order under section ....
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....tion of tax liability on total income is provided in Column No.1 10 i.e. tax payable on deemed total in come under section 115JB of the Act was declared at nil. In Column B the tax on normal rates of income was also declared at nil by the assessee. The gross tax liability in Column No.10 was declared at nil. The assessee claimed benefit of credit of TDS at Rs.53,237/- and in Column No.17 refund was claimed at Rs.53,240/-. The above said figures are available at pages 9 and 10 of the return of income. However, as against this, the assessee at page 20 of the return of income under the Schedule MAT in Column No.6 declared the book profits under section 115JB at Rs.12,91,896/- with tax payable under section 115JB of the Act at Rs.1,29,190/-. It needs to be appreciated that certain computation i.e. total figures and computation of tax payable or the interest chargeable under various sections of the Act are automatically generated. It is apparent from the perusal of the format of the return of income relating to assessment year 2007-08 that though there is provision for declaration of book profits under section 115JB of the Act, but there is no column for declaration of brought forward ....