2025 (8) TMI 200 - AT - Income Tax

Adjustments under Section 143(1) invalid without prior intimation; refund reductions without notice disallowed

The ITAT Ahmedabad allowed the appeal of the assessee, holding that adjustments under section 143(1) cannot be made without prior intimation to the ... Adjustment u/s 143(1) - As argued no notice has been given to the assessee - procedural lapses - HELD THAT:- As per the provisions of the Act, an intimation has to be given to the assessee whether in writing or in electronic mode before making such adjustments. Here, in this case, the assessee was not given any intimation as per 1st proviso to section 143(1)(a) of the Act and CPC straight away made adjustments in 143(1) proceedings and communicated to the assessee by reducing the refund claimed by the assessee which is against the prescribed procedure laid down in the Act. Hence, the appeal of the assessee is hereby allowed owing to procedural lapse on account of failure to intimate the assessee of such adjustments either in writing or in electronic mode. Appeal of the assessee is allowed. ISSUES: Whether the Assessing Officer complied with the statutory requirement under Section 143(1) of the Income-tax Act, 1961, by issuing prior intimation before making adjustments under Section 143(1)(a) of the Act.Whether the addition made by the Assessing Officer without issuing such intimation is without jurisdiction and authority of law.Whether exemption claimed under Section 10(10AA)(ii) exceeding Rs. 3 lakhs is allowable, particularly in light of the validity of Gazette Notification No.50588 E dated 31.05.2002 issued by CBDT. RULINGS / HOLDINGS: On the issue of prior intimation under Section 143(1)(a), the Court held that the Assessing Officer failed to comply with the statutory provision requiring that 'an intimation is given to the assessee of such adjustments either in writing or in electronic mode' before making adjustments, and therefore, the adjustment of Rs. 13,73,100/- made by the CPC was invalid.Regarding jurisdiction, the Court found that the addition made without issuing the required intimation is 'against the prescribed procedure laid down in the Act' and hence without jurisdiction and authority of law.On the exemption under Section 10(10AA)(ii), the Court did not adjudicate on the merits or validity of the Gazette Notification but allowed the appeal solely on procedural grounds, implicitly leaving the question of exemption exceeding Rs. 3 lakhs undecided in this order. RATIONALE: The Court applied the express statutory framework of Section 143(1) of the Income-tax Act, 1961, which mandates that before making any adjustment under sub-section (1)(a), 'an intimation is given to the assessee of such adjustments either in writing or in electronic mode' and the assessee's response, if any, must be considered prior to adjustment.The Court emphasized the mandatory nature of the provisos to Section 143(1)(a), finding that failure to issue such intimation constitutes a procedural lapse rendering the adjustment invalid.No unique interpretation or doctrinal shift was made; the Court strictly enforced the statutory procedural safeguards as prescribed.There was no dissent or concurring opinion recorded.