2025 (4) TMI 1040

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...., (in short referred to as "CIT(A)"), arising out of the rectification orders passed under section 154 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Years 2020-21 & 2021-22. Since common issue is involved in both the cases for the sake of convenience the same are disposed of by this common order. ITA No. 1996/Ahd/2024: 2. Brief facts of the case is that the assessee filed a Revised Return of Income for the Asst. Year 2020-21 on 31-03-2024 declaring total income Nil and claiming refund of Rs. 53,57,317/-. The CPC computed the refund at Rs. 52,96,280/-. Subsequently a rectification order was passed u/s. 154 of Act on 15-12-2022 assessing the total income at Rs. 2,25,24,390/- thereby disall....

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....geable to tax u/s. 41 of the Act of Rs. 1,07,54,026/- as per Para 25 of Tax Audit Report is derived of "Other Income". Note 29 in the Profit & Loss account for A.Y. 2020-21, the income of Rs. 1,07,54,026/- is not excluded from business income. Thus income of Rs. 1,07,54,026/- is offered to tax in the return filed for A.Y. 2021-22. Hence, there is no inconsistency. Thereafter the assessee was not served with any intimation u/s. 143(1) but rectification order u/s. 154 of the Act dated 08-11-2022 was passed reducing the refund claim to Rs. 11,07,620/- as against the claim of Rs. 45,76,850/- by making disallowance: (a) Business income u/s. 41 of the Act Rs. 1,07,54,026/- (b) Diallowance u/s. 36(1)(va) Rs. 33,25,771/-. 7. Ag....

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.... find enclosed her with intimation u/s 143(1)/154 which are available as per CPC portal in aforesaid case for AY 2020-21 & 2021-22 Due to migration of CPC 1.0 to CPC 2.0 intimation u/s 143(1) for AY. 2021 22 could not be obtained. Once the same is made available by technical team of CPC, it will be forwarded to the AO" 11. We have perused the rectification order dated 08-11-2022 in that there is a column "details of previous order to be rectified" wherein it is mentioned as "143(1) dated 26-07-2022" but it is without DIN number. This makes it very clear since there is no DIN allotted to the 143(1) intimation, the same to be treated as not passed and therefore not served on the assessee. 11.1. As per 2nd proviso to Section 143(1) of th....