The Jaipur bench of the Income Tax Appellate Tribunal (ITAT) has held that since the intimation under section 143(1) of the Income Tax Act, 1961 is not reflected in the tax portal, there cannot be any consequent grievances with regard to the assessment.
Theassessee, Mr, Paras Kuhad is a Senior Advocate practicing in the Supreme Court of India and had filed his Return of Income for the relevant year. The Return of Income so filed was revised u/s 139(5) on 30.09.2018 i.e. within the statutory time limit provided for revising the return. The return was revised declaring total income at Rs. 6,19,02,760/- which amounted to an onward revision of return by Rs. 6,36,440/-. The Revised Return filed by the assessee was taken cognizance of and it was processed by the department and vide intimation u/s 143(1)(a) and also made an addition on the differential income.
The assessee, contended that the entitre proceedings were concluded during pendency of regular assessment proceedings u/s 143(2)&(3). Further, the computation order dated 25.03.2019 merged with the final assessment order dated 20.12.2019, where in no addition on the ground of LTCG was made. Thus, it is to be noted that notice u/s 143(2) for scrutiny assessment (for the assessment year appeal) was issued in the name of assessee on 13.08.2018 which date is prior to the date notice u/s 143(1)(a) issued on 26.11.2018 which has culminated in the impugned order.
Allowing the appeal of the assessee, Shri Sandeep Gosain, JM & Shri Rathod Kamlesh Jayantbhai, AM observed that “since, the very basis being the intimation dated 25.03.2019 is not reflected on the system and the consequent demand or adjustment already merged into the order of the AO passed u/s. 143(3) of the Act. There cannot remain any grievance on account of intimation dated 25.03.3019. Even the ld. AO has submitted a factual report and submitted that the intimation u/s. 143(1) dated 25.03.2019 is not reflected in to the online system and consequent demand there upon also. Thus, once the intimation which the very cause of the grievance of the assessee is not reflected and existed on records the consequent grievance also not existed and thus the appeal of the assessee becomes infructuous.”
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