DINABANDHU FOUNDATION FOR EDUCATIONAL RESEARCH & SOCIO ECONOMIC DEVELOPMENT,BHUBANESWAR vs. ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION), BHUBANESWAR

ITA 543/CTK/2026Status: DisposedITAT Cuttack03 June 2026AY 2023-20245 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the adjustment made by the CPC through an intimation under section 143(1) was unsustainable. Consequently, the intimation was quashed, and the appeal was allowed.

What were the facts?

The assessee's claim for utilization of accumulation from assessment year 2016-17 in assessment year 2023-24 was denied by the CPC through an intimation under section 143(1). The assessee argued this denial was incorrect and cited a coordinate bench decision.

What were the issues?

Whether an adjustment denying the utilization of accumulation can be made through an intimation under section 143(1) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR

Hearing: 03/06/2026Pronounced: 03/06/2026

Heard together (2 matters)

SA No.04/CTK/2026
ITA No.543/CTK/2025

Read from the judgment's own cause title. This page is filed under one of them.

Per Bench: The stay application and the appeal filed by the assessee against the order passed by the ADDL/JCIT(A)-1, NASHIK (hereinafter referred to ‘CIT(A)) in appeal no. ADDL/JCIT(A)-1, NASHIK/10043/2022-23 dated 28/03/2026

The order continues below.

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