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143(1) Adjustment Without Prior Intimation Invalid; CPC Action Quashed
Case Law Details
- Case Name
- Satyagrah Chhavni Co-op. Housing Society Limited Vs ITO (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2020-21
- Courts
- All ITAT, ITAT Ahmedabad
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Satyagrah Chhavni Co-op. Housing Society Limited Vs ITO (ITAT Ahmedabad)
The ITAT, Ahmedabad Bench held that any adjustment while processing return u/s 143(1) is invalid if no prior intimation is given to the assessee, as mandated by the proviso to s.143(1). In this case (AY 2020-21), the assessee—a co-operative housing society—filed its return declaring NIL income, claiming maintenance income of ₹97.29 lakh as deductible u/s 80P.
While processing the return, CPC disallowed the deduction and added ₹97.29 lakh as business income, without issuing any prior notice/intimat...






