2024 (5) TMI 1017 - AT - Income Tax

Legality of the rectification order passed by the CPC u/s 154 - non issuance of original intimation u/s. 143(1) - HELD THAT - As per record, it is a fact that the Ld.CIT(A) while passing the order, did not deal with the specific ground raised by the assessee regarding the rectification order passed by the CPC u/s 154 of the Act, which is bad in law, since rectification order itself lacks jurisdiction being passed without issuance of original intimation u/s. 143(1) of the Act. Thus we are of the view that a fresh opportunity should be given to the assessee and, accordingly, we set aside the impugned order and restore the issue to the file of the CIT(A) with a direction to adjudicate the grounds of the assessee regarding the legality of the rectification order passed by the CPC u/s 154 of the Act, without issuance of original intimation u/s 143(1) after affording the opportunity of hearing to the assessee. Appeal of the assessee is treated as allowed for statistical purposes.

Summary

Issues Involved: Appeal against order dated 24/11/2022 by Ld. CIT(A) relating to AY 2020-21, grounds raised by the assessee challenging rectification order u/s 154, disallowance of Provident Fund and ESI fund payments, appeal before Tribunal on four grounds.

Rectification Order u/s 154: The assessee challenged the rectification order passed by CPC-Bangalore u/s 154 of the Act, contending that it lacked jurisdiction as it was issued without the original intimation u/s 143(1) of the Act. The Ld.CIT(A) did not address this specific ground raised by the assessee. The Tribunal found merit in the assessee's argument and set aside the impugned order, directing the Ld.CIT(A) to adjudicate the legality of the rectification order without the issuance of the original intimation u/s 143(1) of the Act, after providing the assessee with a fresh opportunity and a hearing. The appeal was allowed in favor of the assessee for statistical purposes.

Disallowed Payments: The CPC disallowed Provident Fund and ESI fund payments of Rs. 4,43,46,200 made by the assessee for AY 2020-21, stating they were not allowable u/s 36(1)(va) of the Act. The Ld.CIT(A) upheld this addition made by the CPC, leading to the assessee's appeal before the Tribunal. However, the Tribunal's decision primarily focused on the rectification order issue and did not delve into the disallowed payments aspect in its judgment.

Tribunal's Decision: The Tribunal, comprising Shri K. Narasimha Chary, Judicial Member, and Shri Madhusudan Sawdia, Accountant Member, addressed the grounds raised by the assessee related to the rectification order u/s 154. After considering the arguments from both sides, the Tribunal found in favor of the assessee, emphasizing the lack of jurisdiction in the rectification order due to the absence of the original intimation u/s 143(1) of the Act. Consequently, the Tribunal set aside the Ld.CIT(A)'s order and remanded the issue back to the Ld.CIT(A) for a fresh adjudication. The Tribunal's decision allowed the appeal of the assessee for statistical purposes, providing a significant legal remedy in the case.