Assessing Officer without considering assessee’s claim finalized draft assessment order by taking income assessed by CPC in intimation under section 143(1) and thereafter proposed further addition on account of TP adjustment as well as other addition proposed by Assessing Officer. On appeal the Tribunal held that the Assessing Officer should have taken into cognizance of adjustment made by CPC in intimation generated under section 143(1) especially in circumstances where assessee had brought to notice to Assessing Officer about such adjustment. Accordingly the issue is set aside to file of Assessing Officer for fresh adjudication as per provisions of law. (AY. 2020-21)
Ariba Technologies India (P.) Ltd. v. DCIT (2025) 212 ITD 17 (Bang) (Trib)
S. 143(1) : Assessment-Intimation –Payment of bonus-adjustment made under section 143(1) was incorporated in assessment framed under section 143(3) without taking into cognizance of adjustment made by CPC in intimation-Matter is set aside to file of Assessing Officer for fresh adjudication as per provisions of law.[S. 143(3)]
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