Urgent interim relief exception permits commercial suit without pre-institution mediation where immediate disclosure and asset protection are genuinel...
Portal order discrepancies invalidated rectification rejection, requiring fresh reasoned consideration after hearing and prompt communication of the o...
The ITAT held that an intimation u/s 143(1) is a summary assessment confined to arithmetical and apparent errors, and once scrutiny is initiated and completed u/s 143(3), the earlier 143(1) intimation merges into the regular assessment. In this case, an apparent mistake in the return was brought to CPC through an application u/s 154, and CPC transferred rectification rights to the JAO. The ITAT observed that the JAO, having completed assessment u/s 143(3) without making any adjustment or acting on the rectification application, effectively accepted the returned income. Consequently, sustaining the adjustment proposed earlier by CPC u/s 143(1) was held to be unjustified. The ITAT directed the JAO to rectify the mistake apparent on record and delete the demand raised u/s 143(1), allowing the assessee's appeal.
The ITAT held that an intimation u/s 143(1) is a summary assessment confined to arithmetical and apparent errors, and once scrutiny is initiated and completed u/s 143(3), the earlier 143(1) intimation merges into the regular assessment. In this case, an apparent mistake in the return was brought to CPC through an application u/s 154, and CPC transferred rectification rights to the JAO. The ITAT observed that the JAO, having completed assessment u/s 143(3) without making any adjustment or acting on the rectification application, effectively accepted the returned income. Consequently, sustaining the adjustment proposed earlier by CPC u/s 143(1) was held to be unjustified. The ITAT directed the JAO to rectify the mistake apparent on record and delete the demand raised u/s 143(1), allowing the assessee's appeal.
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