TaxTMI 
TaxTMI 
2025 (3) TMI 925
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....stages Intimation order u/s 143(1)(a) of the Act dated 25.12.2021 The Intimation u/s 143(1) of the Act for AY 2020-21 was received by assessee on 25.12.2021 after making an addition of Rs. 4,80,80,77,340/-. The intimation u/s 143(1) and the detailed note and breakup of such amount is attached at Annexure-II and III. Rectification w.r.t. CPC's intimation u/s 143(1) of the Act A demand of ‹ 1,40,08,91,370/- was raised vide such intimation but the same was not reflected on the income tax portal under 'Response to outstanding demand' tab. The assessee filed rectification application against intimation u/s 143(1) of the Act before Id.AO/NaFAC and Id. Jurisdictional Assessing Officer ('ld. JAO') for rectifying the above mistakes apparent from record on 05.09.2023 (Refer Annexure-IV). Appeal before CIT-(A) against the intimation u/s 143(1) of the Act Further, the assessee filed appeal in Form 35 with Id. CIT-(A) on 29.11.2023 against the intimation u/s 143(1) of the Act, which was dismissed by Id. CIT-(A) stating that "once the draft assessment order u/s 144C(1) is passed by AO, the intimation u/s 143(1) of the Act ge....
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....1) of the Act. The grounds of appeal filed by the assessee in ITA No.1495/Del/2024 are as under:- "1. That the intimation u/s 143(1) of the Act dated 25.12.2021 is bad in law. 2. That the CIT(A) erred in not entertaining the appeal of the Appellant against the intimation dated 2512.2021 and considering the facts of the case and examining each of the grounds raised by the Appellant in regard to wrong determination of income as per normal provisions of Income-tax Act at Rs. 782,29,37,740/- as against income shown in the return of income filed by the company Rs. 301,48,60,000/- by making adjustment on account of various items aggregating to Rs. 46,65,22,558/-and also disallowing deduction u/s 80IA of the Income-tax Act of Rs. 434,15,54,788/-. 3. That the CIT(A) erred in not entertaining the appeal of the Appellant against the intimation dated 25.12.2021 and directing the AO/CPC to cancel the tax liability wrongly raised against the Appellant by making adjustments which were not legally and factually warranted. 4. That the CITA) erred in not entertaining the appeal of the Appellant against the intimation dated 25.12.2021 and directing the AO/CPC to d....
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....r allow deduction on account of bonus actually paid during the year of Rs. 30,84,472/- since the Company had by mistake claimed deduction in computation of taxable income of only Rs. 6,00,43,292/- instead of correct figure of Rs. 6,31,27,764/- reported by Tax Auditors in the Tax Audit Report. 9. That the CITA) erred in not entertaining the appeal of the Appellant against the intimation dated 25.12.2021 and directing the AO/CPC to delete adjustment of Rs. 22,57,72,816/- wrongly made on account of provision for leave encashment without appreciating that the company in the return of income had already made addition of Rs. 15,97,10,673/- being the net amount of provision after adjusting actual payments made during the year of Rs. 6,60,62,143/- and, accordingly, the aforesaid addition of Rs. 22,57,72,816/- has resulted in double addition. 10. That the CIT(A) erred in not entertaining the appeal of the Appellant against the intimation dated 25.12.2021 and directing the AO/CPC to delete the adjustment on account of penalties and fines of Rs. 4,51,000/-, which amount had already been added back and disallowed in computation of taxable income by the company and, therefore,....
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....d that the total income amounting to Rs. 782,29,37,740/- arrived in the order u/s 143(1) after making the additions/disallowances amount to Rs. 480,80,77,340/- has been taken as the base figure for the computation of income and not the returned income amounting to Rs. 301,48,60,400/- filed by the assessee in the order u/s 143(3) r.w.s. 144C(13) of the Act dated 24.07.2024 for AY 2020-21. On verification, the same has been found to be correct. Thus, it is seen that the demand has been raised once again in respect of the same addition/disallowance made in the order u/s 143(1) of the Act dated 25.12.2021 in the case of the assessee for AY 2020-21 vide assessment order u/s 143(3) r.w.s. 144C(13) of the Act dated 24.07.2024 which amounts to taxing the same income twice. In respect of the said order u/s 143(3) r.w.s. 144C(13) of the Act, the assessee has filed an appeal being ITA No.4328/Del/2024, which is fixed for hearing before the 'I' Bench on 12.03.2025. In this appeal, the ground no.(1)(a) of the appeal is against the disallowance of Rs. 480,80,77,340/- made in the order u/s 143(1) of the Act dated 25.12.2021 without following the directions of the Dispute Resolution Panel to verif....