2025:Jklhc-Jmu:2140-Db vs Union Of India And Ors on 5 August, 2025

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05.08.2025

1. Learned counsel for the petitioner submits that Assessing Officer

(Centralised Processing Centre/Income Tax Department) had passed the order

dated September 6, 2017 under Section 154 of the Income Tax Act, rectifying the

order dated June 30, 2010 passed under Section 143(1) of the Act. Being

aggrieved, the petitioner assailed the said order in an appeal before the

Commissioner of Income Tax (Appeals) Jammu, primarily, on the ground that the

order dated September 6, 2017 (ibid) was apparently erroneous for it was passed

beyond the statutory period of four years as specified in Section 154(7) of the Act.

Further, the Assessing Officer seriously erred in not affording any opportunity to

the assessee either. Contrary to the statutory requirement. He submits that the

Commissioner of Income Tax (Appeals) J&K, upon consideration of the matter

vide order dated January 23, 2019, allowed the appeal and directed the Assessing

Officer (AO) to verify from the system about the correctness of the claim of the

appellant/petitioner and allow the claim of TDS, if found in order:

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