Tag: CPC intimation us 143(1)
Challenge to intimation passed u/s 143(1) calls for independent adjudication in terms of statutory dictate of Section 246A(1)(a) of the Income Tax Act – ITAT In a recent judgment, ITAT has held that CIT(A) erred in non adjudicating challenge to intimation u/s 143(1) making substantial adjustment and challenge …
Mere technical mistake made by assessee while filing up return cannot be a ground of disallowing the claim when such mistake is curable – ITAT In a recent judgment, ITAT has directed CPC to allow deduction for amount paid as gratuity to LIC trust holding that mere technical …
Intimation issued u/s 143(1) after issue of notice u/s 143(2) legally invalid. Intimation u/s 143(1)(a) can not be issued after notice for regular assessment has been issued under section 143(2) ITAT in a recent judgment has confirmed that Intimation issued u/s 143(1) after issue of notice u/s 143(2) …
When examining details, CIT(Appeals) was not clear as to nature then expenses cannot be disallowed by CPC under artificial intelligence – ITAT ABCAUS Case Law Citation:ABCAUS 3769 (2023) (06) ITAT In the instant case, the assessee had challenged the order passed by the The National Faceless Appeal Centre …
Appeal lies with CIT(A) against non-grant of TDS credit by CPC Intimation u/s 143(1) of the Act. ABCAUS Case Law Citation:ABCAUS 3760 (2023) (06) ITAT Important Case Laws relied upon:Deere & Company138 taxmann.com 46 In the instant case, the assessee had challenged the order passed by the CIT(A) …
CPC making adjustment u/s 143(1)(a) without giving opportunity despite availability of correct position was a mistake of apparent nature – ITAT ABCAUS Case Law Citation:ABCAUS 3725 (2023) (04) ITAT Important Case Laws relied upon:Kalpesh Synthetics (P) Ltd. vs. DCIT 137 Taxmann. com 475 In the instant case, the …
Adjustment u/s 143(1) by CPC unsustainable if assessment completed u/s 143(3) accepting the return of income – ITAT ABCAUS Case Law Citation:ABCAUS 3713 (2023) (04) ITAT In the instant case, the assessee had challenged the order passed by the NFAC/CIT(A) in confirming the adjustment made by the CPC …
Reporting in Clause 16(d) of Form 3CD – No adjustment by CPC for non business income if declared in return separately – ITAT clarifies the provision Reporting income falling under the head other than “business income” under clause 16(d) of Audit Report (Form 3CD) has triggered CPC intimations …
Amendment by Finance Act 2021 for disallowance u/s 36(1)(va) read with u/s 43B retrospective or prospective is debatable & controversial – ITAT ABCAUS Case Law CitationABCAUS 3588 (2022) (03) ITAT Important case law relied referred:CIT vs. Hindustan Electro Graphites Ltd. 243 ITR 0048 (SC)Modern Fibotex India Ltd. & …
Where ITR is processed u/s 143(1) AO can form reasons to believe that income has escaped assessment by examining the very return and/or document accompanying ITR ABCAUS Case Law CitationABCAUS 3516 (2021) (06) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) …