9911796707
TMI Blog2024 (3) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- On perusal of the impugned Assessment Order passed u/s 143(3) it is clear that AO has assessed the total income solely relying on the adjustment made by the AO/CPC in the intimation made u/s 143(1). In the impugned Assessment Order passed u/s 143(3) there is no independent discussion as regards the income assessed at Rs. 23,29,62,420/-. Section 246A specifically provides for an appeal as against intimation issued under section 143(1) of the Act. In the instant case, total income has been assessed as per the intimation passed u/s 143(1). Therefore, the cause of action for the assessee arises from the intimation issued u/s 143(1) and appeal ought to have been filed as against the same. The assessment completed u/s 143(3) of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DR), ITAT, Bengaluru ORDER PER GEORGE GEORGE K, VICE PRESIDENT: This appeal at the instance of assessee is directed against the CIT(A) s Order dated 07.04.2023, passed under section 250 of the Income Tax Act, 1961 (hereinafter called the Act ). The relevant Assessment Year is 2018-19. 2. The grounds raised read as follows: 1. On the facts and in circumstances of the case and in law, the Appellate order issued under section 250 of the Income-tax Act, 1961 (`the Act') passed by the Commissioner of Income-tax (Appeals), NFAC. (learned CIT(A)') dated 07 April 2023, to the extent prejudicial to the Appellant, is bad in law, void ab initio and contrary to the facts and circumstances of the case and is liable to be quashed. 2. On the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are as follows: Assessee is a Trust. For the Assessment Year 2018-19, the return of income was filed on 28.08.2018 declaring total income at Nil. The return of income was processed by the AO/CPC under section 143(1) of the Act on 28.02.2020. In the said intimation, an amount of Rs. 23,29,62,417/- was considered as income chargeable to tax @ 10% at special rate other than under section 115BB of the Act. The assessment was selected for scrutiny and notice under section 143(2) of the Act was issued on 23.09.2019. The assessment under section 143(3) of the Act was completed on 12.02.2021 by assessing the total income at Rs. 23,29,62,420/- as per the intimation issued under section 143(1) of the Act. 4. Aggrieved by the order passed under secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent appeal before the Tribunal. The assessee has filed Paper Book enclosing therein the case laws relied on, written submissions, income computation statement, the intimation issued under section 143(1) of the Act, notice issued under section 143(2), the submissions made before the CIT(A), etc. The learned AR reiterated the submissions made before the Income Tax authorities. 6. Learned DR strongly relied on the order of the CIT(A). 7. We have heard the rival submissions and perused the material on record. On perusal of the impugned Assessment Order passed under section 143(3) (order dated 12.02.2021), it is clear that AO has assessed the total income at Rs. 23,29,62,420/- solely relying on the adjustment made by the AO/CPC in the intimat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imation under section 143(1) with that of regular assessment under section 143(3) / 144 (unless issue has been discussed and adjudicated in regular assessment under section 143(3) / 144 of the Act). Assessee, against the intimation under section 143(1) of the Act, has filed a rectification application under section 154 of the Act (vide application dated 16.06.2020) and the same is pending disposal. The CIT(A) in the impugned order has directed the AO to dispose off the said rectification application dated 16.06.2020. Moreover, if assessee is advised to file an appeal as against the intimation under section 143(1) of the Act, a liberal approach may be taken for condonation of delay since assessee s application for rectification of the intima ..... X X X X Extracts X X X X X X X X Extracts X X X X
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