Question And Answer
Subject: SECTION 36(1)(VA)
Answered by:
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Date: November 10, 2023
Query asked by CA RUPINDER KUMAR

Is there any remedy for 36(1)(va), if appeal filed before checkmate judgement of supreme court.

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Answer given by

The order of the Supreme Court is binding . Only remedy is to make representation to Government and request for an amendment . If the adjustment is made by the Assessing Officer under section 143 (1) of the Act , the aassessee may challenge on the ground that no opportunity was given and adjustment is bad in law . Against the rectification order passed by the Appellate Tribunal after the judgement in Checkmate writ is pending before the High Court.

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