2024 (7) TMI 1672

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.... the aforesaid appeal the assessee has challenged order u/s 250 dated 14.03.2024 passed by NFAC, Delhi. 2.0 Brief factual matrix of the case is that the assessee had filed a return of income on 29.03.2019 declaring an income of Rs.9,18,28,516/- Order u/s 143(1) dated 09.11.2020 was passed by the CPC determining the total income of the assessee at Rs. 14,73,70,007/- In the impugned order the CPC made an addition of Rs.2,77,64,495/- as income from other sources as well as denied claim of exemption of even amount. According to the assessee the CPC has wrongly added the said amount. It is the case of the assessee that, even though the impugned amount of Rs.2,77,64,495/- was dividend income from foreign company, it had shown it under schedule-E....

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....order u/s 143(3) dated 09.02.2021 of the AO and consequently Ld. CIT(A) ought to have adjudicated the grounds contested before it qua order u/s 143(3). It was argued that when the returned income was accepted there was no case for making any addition. Accordingly, the Ld.AR requested that the order of the Ld.AO demanding tax of Rs.2,23,98,723/- be deleted or else Ld. CIT(A) be directed to read judicate the matter. 4.0 The Ld. Sr. DR argued that the assessee appeal is non-maintenable in as much as no injury has been caused to the assessee qua order u/s 143(3) dated 09.02.2021 in which no addition has been made. It was informed that the assessee has itself committed mistake having furnished wrong facts in its return. It was further argued th....

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....f section 143, where the assessee objects to the making of adjustments,] or any order of assessment under subsection (3) of section 143 or section 144, where the assessee objects to the amount of income assessed, or to the amount of tax determined, or to the amount of loss computed, or to the status under which he is assessed 6.0 Facts of the case discussed above indicates that the assessee was aggrieved by the order u/s 143(1) and hence was eligible to file an appeal against the same before the first appellate authority. The action of the CPC in alleged double taxation and incorrect application of tax rates etc. squarely constituted an event to cause grievance to the assessee. In view of the clear statutory position of section 246(1)(a) a....