Wp/1005/2021 Of Cantronics Office Equipments P. Ltd v. Assistant Commissioner Of Income Tax-1(2)(1) And 3 Ors

Digitallysigned byGAURIGAURI AMIT1/2GAEKWADAMITDate:GAEKWAD2022.02.0311:15:33+0530IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1005 OF 2021 Cantronics Office Equipments Pvt. Ltd. ….Petitioner V/s. Assistant Commissioner of Income Tax - 1(2)(1) & Ors. ….Respondents ---- Mr. Percy Pardiwalla, Senior Advocate a/w. Mr. Suksagar Syal i/b.Mr. Sameer G. Dalal for petitioner.Mr. Suresh Kumar for respondents. ---- CORAM : K.R. SHRIRAM & N.J. JAMADAR, JJ. DATED : 31[st] JANUARY 2022 P.C. : 1The rejection of declaration filed by petitioner under the Direct Tax Vivad Se Vishwas Act, 2020 is for the following reasons : In Form 1 assessee shown disputed income at NIL. Whereasin Form 35 the disputed income is Rs.1,49,49,350. Letterissued by AO to assessee on 15.02.2021 seeking his reply,why application should not be rejected. Assessee vide letterdated 17.02.2021 stated as under : …. a request forrectification u/s. 154 was filed in your office in physicalmode 25.01.2021 seeking deletion of erroneous levy of taxu/s. 115BBE of the Act. Upon rectification being carried outas requested, the original demand of Rs.1,00,86,380/- willget reduced to NIL. Since no demand would survive afterrectification being carried out as requested by the assessee,Part A of the assessee and hence details relating to disputedincome have been furnished in Part D of the Form – 1 towhich no other schedule are specified. AO rejectedapplication u/s. 154 on 25.02.2021 and total incomeremained unchanged at Rs.1,49,49,350/- as per order u/s.143(3) rws 147 dtd 28.12.2019. Hence, application isrejected. 2 2In view of this rejection, this petition came to be lodged on15[th] March 2021. Subsequently, petitioner's rectification application wasreconsidered and an order dated 16[th] December 2021, communicated by DIN and Letter No.ITBA/COM/F/17/2021-22/1037876829(1), has beenpassed and a revised total income at (-) 95,89,187/- has been arrived at. 3Since the rejection of petitioner's declaration under the DTVSVAct was only for reasons as quoted above, we hereby direct the concernedauthority to reconsider petitioner's declaration under the DTVSV Act andpass such order in accordance with law by considering the revised orderunder Section 154 of the Income Tax Act, 1961 passed on 16[th] December2021 within four weeks from today. 4Petition accordingly stands disposed. (N.J. JAMADAR, J.) (K.R. SHRIRAM, J.)