2024 (3) TMI 1489

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..... Rohan Deshpande, i/b. Ms. Farzeen Khambatta For the Respondent : Mr. Suresh Kumar ORDER PC:- 1. Petitioner had filed return of income ("ROI") on 27th March 2018 for Assessment Year 2017-18 declaring an income of Rs. 8,36,800/-. Petitioner had received notice dated 31st March 2021 under Section 148 of the Income Tax Act, 1961 ("the Act"). According to the reason for reopening the asse....

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....not be adjusted against the liability under the IDS. Therefore, this Petition was filed. 3. An affidavit in reply of one Aparna M Aggarwal, Principal Commissioner of Income Tax-2, Pune, affirmed on 5th May 2022 is filed. In the said affidavit, Respondents have agreed to give credit to a sum of Rs. 4,50,000/- that Petitioner had paid as advance tax. With regard to self assessment tax of Rs. 15,7....

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....r those relevant Assessment Years, credit has to be given and we find support for this view in judgments of this Court in Kamla Chandra Singh Kabali v. Prinicpal Commissioner of Income Tax-27 & Ors., 2022 (137) taxmann.com 346 (Bombay) and CEAT Limited v. Commissioner of Income Tax 2024 SCC OnLine Bom. 557 4. Therefore, the assessment order dated 31st March 2022 has to be quashed and set aside.....