SUBHASH SUKDEO CHAUDHARY,AT POST SHIRDI vs. DY DIRECTOR OF INCOME TAX , CPC , BENGLURU, BENGALURU

This appeal filed at the instance of assessee is directed against the order of Ld. Addl/JCIT(A)-2, Jaipur [Ld. CIT(A)’] dated 28.12.2023 which is arising out of the assessment order u/s 143(1) of the Act for Assessment Year 2022-23 framed on 06.03.2023 by the CPC, Bengaluru.

The only grievance of the assessee is that since the CPC has not calculated the tax u/s 115BAC of the Act for the revised return filed by the assessee under new income-tax regime and the matter needs to be Ld. Jurisdictional Assessing Officer for calculating the correct tax liability of the assessee.

On the other hand, Ld. DR did not oppose the request of the assessee.

We have heard rival contentions and perused the records placed before us. We note that the assessee filed its original return under old income-tax regime for assessment year 2022-23 on 29.07.2022. Subsequently, on 10.08.2022 the assessee e-filed the revised return under new income-tax regime u/s 115BAC of the Act but tax has not been calculated by CPC as per new tax slab provided u/s 115BAC of the Act and simultaneously the deductions claimed under the old income-tax regime have also not been allowed.

Since the assessee has revised its return on 10.08.2022, the previous/original return filed on 29.07.2022 will have no existence and become non-est. However, since in the revised return of income filed on 10.08.2022, the assessee has opted for new income-tax regime u/s 115BAC of the Act, the option available with the CPC is to calculate the tax as per new tax slab u/s 115BAC of the Act. As it seems that there is some technical glitch in the return processing by CPC, we deem it appropriate to restore the issue to the file of Ld. Jurisdictional Assessing Officer who shall examine the claim of the assessee as well as the tax liability, if any, arising in the hands of the assessee as per the revised