Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

NFAC Can’t Dismiss Appeal by Forcing Separate 143(1) Challenge

Case Law Details

TaxGuru Citation
2025 taxguru.in 13729
Case Name
Madhu Sudan Misra Vs DCIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
Advertisement

Madhu Sudan Misra Vs DCIT (ITAT Delhi)

143(1) Adjustments Merge into 143(3): ITAT Delhi Deletes CPC Additions & Overrules NFAC Dismissal

The Delhi ITAT “E” Bench, comprising Shri S. Rifaur Rahman (AM) & Shri Sudhir Kumar (JM), allowed the appeal of Madhu Sudan Misra for AY 2018-19 and held that adjustments made by CPC u/s 143(1) cannot survive once a regular assessment u/s 143(3) is completed, applying the settled doctrine of merger

The Assessee had filed return declaring income of ₹1.39 crore. CPC issued an intimation proposing adjustments relating to (i) capital gains reported in an incorrect schedule and (ii) denial of set-off of losses of AYs 2010-11 & 2011-12 on the alleged ground of belated return. Despite the Assessee filing objections and explaining that he was a partner in a tax-audit firm u/s 44AB, CPC passed intimation u/s 143(1) making additions.

Subsequently, the case was selected for limited scrutiny, notices u/s 143(2) and 142(1) were issued, and the AO completed assessment u/s 143(3) without making any independent additions, merely adopting the income as determined by CPC. The NFAC-CIT(A) dismissed the appeal holding that the Assessee should have separately appealed against the 143(1) intimation.

Reversing the NFAC order, the Tribunal held that:

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.