Bax India Ventures Pvt. Ltd. Vs Central Processing Centre & Ors. (Bombay High Court)
In Bax India Ventures Pvt. Ltd. Vs Central Processing Centre & Ors., the Bombay High Court examined the validity of an intimation dated 1 December 2025 issued under Section 143(1)(a) of the Income Tax Act, 1961. The petitioner challenged the intimation on the ground that it was passed without complying with the mandatory procedural requirements under Section 143(1)(a).
The petitioner contended that before making any adjustment while processing a return, the first proviso to Section 143(1)(a) requires that an intimation of the proposed adjustment be given to the assessee, either in writing or electronically. Further, the second proviso mandates that any response received from the assessee must be considered before making such adjustment. If no response is received within 30 days, only then can the adjustment be made. In the present case, it was undisputed that no such prior intimation had been issued before making the adjustment.
The Revenue argued that the assessee had claimed the concessional tax regime under Section 115BAA but had filed Form 10-IC belatedly along with a return filed under Section 139(8A), instead of by the due date under Section 139(1). According to the Revenue, since the form was not filed within the prescribed time, the benefit of Section 115BAA could not be granted. It was further contended that denial of the beneficial tax rate did not amount to an “adjustment” involving addition to total income and therefore did not require prior intimation. The Revenue also submitted that issuing such intimation would be an exercise in futility because the statutory requirement had admittedly not been complied with.
