2024 (11) TMI 969

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....4 of the IT Act, dated 05.11.2022. 2. The grounds of appeal raised by the assessee, reads as under: 1. That, order is unjustified and against the natural justice. 2. That applicant filled 10E form and application under section 154 with in time and as per purview of 154 section, but assessing officer and commissioner appeal ignore this point, that is illegal and unjustified. 3. That assessing officer nor appellate authority ignore the proceeding of section 143(1) and not given effect of definition of section 143(1), That is illegal and unjustified. 3. At the threshold of hearing, it is brought to our notice that the assessee has submitted an application for adjournment on account of health problems seeking the next date of hearing on....

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.... case, the impugned order is rectification order u/s 154 of the Income Tax Act, which was decided against the assessee and confirmed by the Ld. CIT(A) by rejecting the contentions of the assessee. The date of events in the present case happen to be as under: (i) Income Tax Return filed on 23.12.2021 (ii) Intimation u/s 143(1) issued on 13.10.2022 (iii) Application for rectification u/s 154 filed by the assessee on 05.11.2022 (iv) Rectification order u/s 154 passed on 05.11.2022 (v) Form 10E and other requisite documents were issued on 04.11.2022 6. In backdrop of aforesaid dates of events and facts and circumstances, it is observed that the assessee had claimed tax relief u/s 89(1) of the Act for which Form 10E was not filed on o....

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.... heard shall be provided to the assessee in the set aside assessment proceedings as prescribed in the law. 8. For the sake of reference provisions of 1st and 2nd proviso to section 143(1)(a) are extracted hereunder: 143. (1) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, such return shall be processed in the following manner, namely:- (a) the total income or loss shall be computed after making the following adjustments, namely:- (i) any arithmetical error in the return; (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iii) disallowance of loss claimed, if return of the previous year for which set off of loss is claim....