2025 (6) TMI 2011

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....JJ For Appellant: Ms. Monika Singh, Advocate. For Respondent: Mr. Ajay Kumrani, Advocate. JUDGMENT ON BOARD SANJAY K. AGRAWAL, J 1. This appeal preferred under Section 260A of the Income Tax Act, 1961 (for short the "IT Act") has been admitted for final hearing on 04.04.2025 by formulating the following substantial questions of law:- "1. Whether the Assessing Officer is jus....

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....or Assessment Year 2011-12 in favour of the assessee. Thereafter, the assessee filed an application under Section 154 of the IT Act claiming that CPC, Bengaluru in the intimation issued under Section 143 (1) of the Act dated 24.02.2012, has wrongly taken its income under the head of "Profit and Gains from the Business or Profession" at Rs.35,09,675/- instead of 'Nil'. However, the said app....

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....ion 154 of the IT Act on merits as such there was an apparent error on the face of the record. Therefore, the orders passed by the concerned Authorities deserve to be set-aside and the matter is required to be remitted to the concerned Authority to decide the application under Section 154 of the IT Act afresh on merits. 5. On other hand, Mr. Ajay Kumrani, learned counsel for the respondent supp....

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....ngly been shown instead of 'Nil', which is an apparent error on the face of the record. However, the Assessing Officer did not notice the said error and rejected the application under Section 154 of the IT Act simply by observing that the assessee himself has filed the return and the mistake is not apparent from the record. The CIT (Appeals) as well as the ITAT have also committed the same....