TaxTMI 
TaxTMI 
2023 (9) TMI 1677
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....s. 143(1)(a)(iv) as the ld. ADIT-CPC failed to consider and deal with the response filed by the appellant in reply to the receipt of intimation of adjustments u/s. 143(1)(a) of the Act as required in terms of second proviso to the said section and as such the adjustment made in the Intimation u/s. 143(1) of the Act is invalid and requires to be deleted. 1.(c) The ld. lower authorities failed to appreciate that process of making adjustments under section 143(1) is an interactive and cerebral process and objections of the appellant has to be disposed of before proceeding further in the matter and such disposal of objections is a quasi-judicial function. 2. The Id. lower authorities erred in making the adjustments u/s. 143(1)(a)(iv) of Rs. 35,23,99,063/- without appreciating that issues- (i) Where the question involved requires further verifications; or (ii) where mere question of law is involved and which is debatable; are beyond the scope of Section 143(1)(a) 3. The ld. CIT(A), NFAC ought to have deleted the adjustment u/s. 143(1)(a)(iv) as the ld. Assessing Officer (Assessment Unit ) (the ld. AO (AU)) in the assessment order passed u/s. ....
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....ion while processing return of income u/s. 143(1) is unwarranted and also beyond the scope of 143(1). The appellant craves leave to add, alter, amend and/or modify all or any of the above ground of appeal on or before the date of hearing. 2. The Brief Facts of the case are that assessee company filed its return of income on 12.02.2021 declaring total income at Rs. 2049,74,12,520/-. Return of the assessee was processed u/s. 143(1) of the Act vide intimation dated: 24.12.2021, determining total income at Rs. 2084, 98, 11,580/-after making certain adjustments. Aggrieved with this intimation, assessee preferred an appeal before the Ld. CIT (A), who in turn confirmed the processing done u/s. 143(1) of the Act. Assessee being further aggrieved preferred this present appeal before us. 3. We have gone through the intimation/order passed u/s. 143(1) of the Act, Order u/s. 143(3) r.w.s. 144B of the Act, Order of the Ld. CIT (A) u/s. 250 and submissions of the assessee alongwith grounds of appeal taken before us. Our observation after going through these documents can be summarised as under: Revenue never doubted over the expenditure incurred by the assessee, the only ....
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....ct 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 claimed was furnished beyond the due date specified under sub-section (1) of section 139; (iv) disallowance of expenditure [or increase in income] indicated in the audit report but not taken into account in computing the total income in the return; (v) disallowance of deduction claimed under [section 10AA or under any of the provisions of Chapter VI-A under the heading "C.-Deductions in respect of certain incomes", if] the return is furnished beyond the due date specified under sub-section (1) of section 139; or (vi) addition of income appearing in Form 26AS or Form 16A or Form 16 which has not been included in computing the total income in the return: Provided that no such adjustments shall be made unless an intimation is given to the assessee of such adjustments either in writing or in electronic mode: Provided further that the response received from the assessee, if any, shall be considered before making any adjustment, and in a case where no response is received within thirty d....
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....n in a case where no sum is payable by, or refundable to, the assessee under clause (c), and where no adjustment has been made under clause (a). (1A) For the purposes of processing of returns under sub-section (1), the Board may make a scheme for centralised processing of returns with a view to expeditiously determining the tax payable by, or the refund due to, the assessee as required under the said sub-section. (1B) Save as otherwise expressly provided, for the purpose of giving effect to the scheme made under sub-section (1A), the Central Government may, by notification in the Official Gazette, direct that any of the provisions of this Act relating to processing of returns shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in that notification; so, however, that no direction shall be issued after the 31st day of March, [2012]. (1C) every notification issued under sub-section (1B), along with the scheme made under sub-section (1A), shall, as soon as may be after the notification is issued, be laid before each House of Parliament.] [(1D) Notwithstanding anything contained in sub-section (1), th....