TaxTMI 
TaxTMI 
2026 (5) TMI 330
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....ation under Section 12A(1)(ac)(iii) of the Income Tax Act, 1961 (hereinafter referred to as the said Act) for the Assessment Year 2022-23 to Assessment Year 2026-27. For Assessment Year 2021-22, it filed a return declaring Nil income and claiming a refund of Rs. 46,470/-. 2. In the instant case the return has been filed as 'Nil' return claiming refund of Rs. 46,470/- but the Assessing Officer by an order passed under Section 154 of the said Act has assessed income and raised demand, being a high pitched assessment. 3. The petitioner preferred an appeal before respondent no. 4 being the appellate authority, which is presently pending for disposal. The appellate authority issued a notice to the petitioner directing, inter alia, to furni....
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....the details of the new registration under the approval for claiming exemption under Sl. No. 4(i) to 4(viii) in Schedule Part B-TI and does not allow the exemption claimed. 7. It is contended that the details of the registration has been inadvertently omitted at the time of uploading the relevant documents while filing the return for the Assessment Year 2021-22. The petitioner has been granted registration under Section 12A(1)(ac)(iii) for Assessment Year 2022-23 onwards. 8. The Learned Senior Counsel draws the attention of this Court to Page No.125 of the writ petition to demonstrate that the respondent authority has already been satisfied upon being shown the relevant section under which exemption is sought. 9. The Learned Senior ....
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....ent. The relevant paragraph of Great Barter Private Limited (supra), are reproduced below: "11. It is an undisputed fact that as against the impugned assessment order, appeal has been filed before the Commissioner of Income-tax (Appeals), second respondent on 25th January, 2018. It is not clear as to why the appeal is pending before the Commissioner (Appeals) for more than two years. Identical issues have come up for consideration before various High Courts and we would refer to two of the decisions of the High Court of Delhi, namely, Valvoline Cummins Ltd. v. Dy, CIT (2008) 171/laxman 241/307 FTR 103/2008 (103) DRJ 567 (DB) and Soul v. Dy. CIT [2008] 173 Taxman 468/[2010] 323 ITR 305. 12. In both these cases, the Hon'....
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....ity of personal hearing to the authorised representative of the assessee as expeditiously as possible preferably within a period of 45 days from the date of receipt of the server copy of this judgment and order." 12. It is further submitted that the impugned order dated 13th February, 2023 has been passed without issuing notice under the Proviso to 154(3) in violation of natural justice. The adjustment of Rs. 96,580/- against refund and demand of 20% deposit during pendency of appeal is contrary to CBDT instruction No. 1914 dated 02.12.2023. Already the Centralized Processing Centre, Bengaluru, (CPC) has adjusted Rs. 1,58,000.10 against the total amount of Rs. 61,86,650/-. 13. Per contra, the Learned Counsel for the Revenue submits th....
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....esult is that this application is dismissed. There will be a stay of operation of this order for four weeks. There will be no order as to costs." 16. After hearing the rival contention of the parties and upon perusing the records the undisputed facts are as follows: a) Intimation dated 10.08.2022 under Section 143(1) accepted Nil income and granted refund of Rs. 46,470/-, b) Order dated 13.02.2023 under Section 154 of the said Act withdrew exemption on the ground that new registration details Under Section 12AB did not form part of the Schedule Part A, c) Rectification request details dated 03.03.2023 has been rejected, d) Appeal is pending before the respondent No. 4 being the Appellate Autho....