https://www.taxtmi.com/caselaws?id=460809 ITAT Mumbai held that intimation u/s 143(1) cannot be issued for debatable issues without providing opportunity to the assessee to submit supporting proof. The tribunal allowed the assessee's ground, citing Bajaj Auto Finance Ltd. where Bombay HC ruled that debatable matters cannot be adjusted through intimation u/s 143(1)(a) as it leads to arbitrary decisions. Regarding tax rates, ITAT ruled that Section 164(2) governs registered charitable trusts and prevails over Section 167B. The assessee cannot be subjected to maximum marginal rate merely for filing ITR-7 instead of ITR-5, especially when no exemption was claimed under Sections 11 and 12. en-us Mon, 30 Sep 2024 00:00:00 +0530 Thu, 20 Feb 2025 17:18:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=460809 ITAT Mumbai held that intimation u/s 143(1) cannot be issued for debatable issues without providing opportunity to the assessee to submit supporting proof. The tribunal allowed the assessee's ground, citing Bajaj Auto Finance Ltd. where Bombay HC ruled that debatable matters cannot be adjusted through intimation u/s 143(1)(a) as it leads to arbitrary decisions. Regarding tax rates, ITAT ruled that Section 164(2) governs registered charitable trusts and prevails over Section 167B. The assessee cannot be subjected to maximum marginal rate merely for filing ITR-7 instead of ITR-5, especially when no exemption was claimed under Sections 11 and 12. Case-Laws Income Tax Mon, 30 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=460809