The Kerala High Court directed the Faceless Appellate Centre (FAC) to consider appeal as the rectification form 26AS was issued by the bank.
The petitioner, a senior citizen is an assessee under the provisions of the Income Tax Act, 1961. Petitioner was served with a notice dated 30.03.2021 by the 1st respondent under Section 148 of the Income Tax Act requiring him to file tax return for the assessment year 2013-14 as the 1st respondent has been of the opinion that the petitioner’s income had escaped assessment.
The Counsel for the petitioner submitted that the amount of Rs. 75,73,122/- as interest income of the petitioner was a mistake on the part of the Bank and the Bank had issued a letter and the 26 AS Form has been rectified by the Bank.
The Bank has issued a letter and the 26 AS Form has been rectified by the Bank. The fact was also communicated. Despite the aforesaid communication, the assessment order was completed, against which the petitioner has filed the appeal. The petitioner’s rectification application has been rejected on the ground that since the petitioner has filed the appeal, the rectification application is not maintainable.
A Single Bench of Justice Dinesh Kumar Singh observed that “Considering the fact that the Bank has already modified Form 26 AS and letter has been issued which would suggest that no TDS was deposited by the Bank and no interest income of Rs. 75,73,122/- accrued to the petitioner, it would be appropriate to dispose of this writ petition with direction to the Faceless Appellate Centre to consider and dispose of appeal of the petitioner expeditiously, preferably within period of two months.”
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