BALA VENKATA KATYAYANI DASU,ELURU vs. INCOME TAX OFFICER, CIRCLE-1, RAJAMAHENDRAVARAM
What did the Tribunal hold?
The Tribunal ruled that an appeal against a Section 143(1) intimation does not become infructuous due to a subsequent Section 154 rectification order, as rectification merely modifies the original order which retains its independent appealability. Citing Kothari Industrial Corporation Ltd. vs. Agricultural Income-tax Officer (1998) 230 ITR 306 (Kar), the Tribunal remanded the case to the A.O. for verification, directing that the addition be vacated if the income was indeed disclosed in the return.
What were the facts?
The assessee's income tax return for AY 2021-22 was processed under Section 143(1), leading to an adjustment of Rs. 3,00,351/- for various incomes. The assessee contended these incomes were already disclosed in the return, leading to double taxation. The Addl/JCIT(A) dismissed the appeal as infructuous, holding that the Section 143(1) intimation merged with a subsequent rectification order under Section 154.
What were the issues?
Whether a subsequent rectification order under Section 154 makes an appeal against an intimation under Section 143(1) infructuous; and whether the Addl/JCIT(A) erred by not addressing the substantive issue of alleged double taxation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Visakhapatnam Bench
आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-
1. 1. निर्धाररती/The Assessee : Shri Bala Venkata Katyayani Dasu D.No.#22B-12-6, Gadevari Street, Power Peta S.O Eluru, West Godavari – 534002, A.P. 2. रधजस्व/ The Revenue : The Income Tax Officer, Circle – 1, Rajamahendravaram.
3. The Principal Commissioner of Income Tax, Visakhapatnam.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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