NARIMAN POINT ASSOCIATION,MUMBAI vs. ITO EXEMPTION-2(1), MUMBAI

ITA 6159/MUM/2024Status: DisposedITAT Mumbai16 June 2025AY 2021-22Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL (Judicial Member)1 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the current provisions of Section 143(1) allow adjustments on debatable issues, distinguishing it from older provisions. However, since the merits of the adjustment were not addressed by the CIT(A), the assessee was granted liberty to file a fresh appeal against the Section 143(1) intimation.

What were the facts?

The assessee, a charitable trust, filed its return of income which was processed under Section 143(1) by the CPC, making an adjustment of Rs. 13,00,000. The assessee's rectification application under Section 154 was rejected, and the CIT(A) dismissed the appeal against the rectification order, deeming the issue debatable.

What were the issues?

Whether adjustments under Section 143(1) can be made on debatable issues, and if the CIT(A) erred in dismissing an appeal against a Section 154 order without addressing the merits of the original Section 143(1) adjustment.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 154,Section 250

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Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: SHRI VIKRAM SINGH YADAVSHRI SANDEEP SINGH KARHAIL

For Appellant: Shri Ketan Vajani
For Respondent: Shri Pravin Salunkhe, Sr.DR

PER SANDEEP SINGH KARHAIL, J.M.

The assessee has filed the present appeals against the separate impugned orders of even date 28/09/2024, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals) – National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the assessment years 2021-22 & 2022-23. ITAs No.6159 & 6160/Mum/2024 (A.Ys. 2021-22 & 2022-23) 2

2.

Since both the appeals pertain to the same assessee, involving similar issues arising out of a similar factual matrix, these appeals were heard together as a matter of convenienc

The order continues below.

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