Cwjc/3774/2023 Of M/S Aglowmed Limited v. The Principal Commissioner Of Income Tax-1 Patna, Central Revenue Building, Bir Chand Patel Path, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.3774 of 2023 ====================================================== M/s Aglowmed Limited a Company incorporated Under the Provisions of theCompanies Act, 1956, having its registered Office at Exhibition Road, P.S.-Gandhi Maidan, Patna, Bihar through its regional Manager Narendra Kumar,Male aged about 52 Years, S/o Suresh Sharma, R/o Gobindpur, PS Ghosh POMadanganj Jehanabad, Bihar-804432 ... ... Petitioner/s Versus 1.The Principal Commissioner of Income Tax-1 Patna, Central RevenueBuilding, Bir Chand Patel Path, Patna.Building, Bir Chand Patel Path, Patna. 2.The Deputy/Assistant Commissioner of Income Tax, Circle-1 Patna. 3.The Assistant Commissioner of Income Tax, Circle-2 Patna. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHYORAL JUDGMENT(Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-08-2023 The petitioner is aggrieved with the order passed atAnnexure-1 in a rectification application. It is stated that therectification application was filed as early as on 14.01.2019, aswe see from Annexure-3. The matter was kept pending foralmost three years after which Annexure-1 dated 15.11.2022was passed. The learned counsel specifically points to Section154(8) of the Act, which requires the Assessing Officer todispose of a rectification application within a period of sixmonths. 2. We see that the rectification application was keptpending for a long time but, however, the finding in the Annexure-1 order is that the matter does not call for arectification under Section 154. We have seen the applicationalso at Annexure-3, wherein, the learned counsel specificallypoints to the fact that one of the contentions raised was that theassessment order having shown the income of Rs. 38,703/-while the current year loss was stated to be Rs. 4,73,41,301/-.The assessment order would have necessarily made adjustmentsin so far as the loss caused. In any event that the assessmentorder passed at Annexure-2 is the subject matter of appeal whichappeal was filed on 02.02.2019. 3. In such circumstances, we close the writ petitionwithout any observation on the merits but, however, leaving thepetitioner to agitate all the contentions in the appeal alreadyfiled. 4. The writ petition stands dismissed. (K. Vinod Chandran, CJ) Prakash/avinash AFR/NAFRCAV DATEN/AUploading DateTransmission DateN/A (Partha Sarthy, J)