Tag: CPC intimation us 143(1)

With passing of order u/s 143(3) intimation u/s 143(1) got merged with the same and independently lost its force – ITAT  In a recent judgment, ITAT Delhi has held that when order under Section 143(3) is passed by the AO, the order of intimation under Section 143(1) of …

CPC intimation u/s 143(1) valid though digitally signed after expiry of limitation period – ITAT In a recent judgment, ITAT Ahmedabad has held that CPC intimation u/s 143(1) was valid even though it was digitally signed by the AO after expiry of limitation period ABCAUS Case Law Citation:ABCAUS …

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 …