Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
The first proviso to Section 143(1)(a) is mandatory and requires that any proposed adjustment to a return of income be intimated to the assessee in writing or electronically and the assessee be given an opportunity to respond; failure to issue that intimation renders any adjustment under Section 143(1)(a) invalid. On the facts, no such intimation was issued and the intimation order was quashed. The Revenue's argument that issuing the intimation would be futile was rejected: compliance with the mandatory intimation requirement cannot be bypassed, and the assessee could potentially respond (including by seeking condonation) before any adjustment is made.
The first proviso to Section 143(1)(a) is mandatory and requires that any proposed adjustment to a return of income be intimated to the assessee in writing or electronically and the assessee be given an opportunity to respond; failure to issue that intimation renders any adjustment under Section 143(1)(a) invalid. On the facts, no such intimation was issued and the intimation order was quashed. The Revenue's argument that issuing the intimation would be futile was rejected: compliance with the mandatory intimation requirement cannot be bypassed, and the assessee could potentially respond (including by seeking condonation) before any adjustment is made.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
