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    <title>2025 (11) TMI 1605 - ITAT CHENNAI</title>
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    <description>ITAT Chennai allowed the assessee&#039;s appeal and deleted the demand raised through adjustments under s.143(1)(a) for non-credit of TDS. The Tribunal held that s.143(1) expressly requires that an opportunity of being heard be given before making any adjustment to the returned income, including adjustments based on Form 26AS under s.143(1)(a)(vi). No such opportunity was given, rendering the adjustment unsustainable. ITAT further held that a prior communication under s.139(9) regarding defective return cannot be treated as the statutory opportunity required under s.143(1), as the two provisions operate in distinct fields. The order of the CIT(A) was set aside and the additional grounds of the assessee were allowed.</description>
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      <title>2025 (11) TMI 1605 - ITAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=782137</link>
      <description>ITAT Chennai allowed the assessee&#039;s appeal and deleted the demand raised through adjustments under s.143(1)(a) for non-credit of TDS. The Tribunal held that s.143(1) expressly requires that an opportunity of being heard be given before making any adjustment to the returned income, including adjustments based on Form 26AS under s.143(1)(a)(vi). No such opportunity was given, rendering the adjustment unsustainable. ITAT further held that a prior communication under s.139(9) regarding defective return cannot be treated as the statutory opportunity required under s.143(1), as the two provisions operate in distinct fields. The order of the CIT(A) was set aside and the additional grounds of the assessee were allowed.</description>
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