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NFAC Can’t Dismiss Appeal by Forcing Separate 143(1) Challenge
Case Law Details
- Case Name
- Madhu Sudan Misra Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Delhi
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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 ...





