2025 (7) TMI 1169

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....21. 2. The assessee has raised the following grounds of appeal: "1. The order of the Ld AO passed u/s 143(1) of the Act is without jurisdiction and authority of law and therefore deserves to be quashed. 2. The Ld Addl. JCIT(A) has grossly erred in law and is not justified in confirming the addition made by the Ld AO and not allowing the exemption exceeding Rs. 3 lakhs u/s 10(10AA)(ii) of the Act considering the invalid Gazette Notification No.50588 E dated 31.05.2002 issued by CBDT effective 01.04.1998 3. On merit also, the exemption claimed by the appellant exceeding Rs. 3 lakhs is allowable." 3. In this case, the assessee filed the return of income for the year under consideration on 16.10.2020, declaring a total income of Rs. 23,....

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.... before the Ld. CIT(A) who dismissed the appeal of the assessee. 7. On going through the record, we find that an adjustment of Rs. 11,63,550/- has been made by the CPC, Bangalore u/s. 143(1) of the Act. The Ld. Counsel for the assessee argued that before making adjustment u/s. 143(1)(a) of the Act, no notice has been given to the assessee. The Ld. DR could not bring anything on record to prove that any prior intimation has been issued to the assessee before making the adjustment. 8. We have gone through the provisions of Section 143(1) of the Act which reads as under: "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 ....

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.... (vi) in relation to a return furnished for the assessment year commencing on or after the 1st day of April, 2018; (b) the tax, interest and fee, if any, shall be computed on the basis of the total income computed under clause (a); (c) the sum payable by, or the amount of refund due to, the assessee shall be determined after adjustment of the tax, interest and fee, if any, computed under clause (b) by any tax deducted at source, any tax collected at source, any advance tax paid, 84[any relief allowable under section 89,] any relief allowable under an agreement under section 90 or section 90A, or any relief allowable under section 91, any rebate allowable under Part A of Chapter VIII, any tax paid on self-assessment and any amount paid o....