BILATIBARI TEA COMPANY PVT. LTD.,,UTTAR DINAJPUR vs. ACIT, CIRCLE 2, , JALPAIGURI
What did the Tribunal hold?
The Tribunal held that the Assessing Officer/CPC acted beyond jurisdiction by making the adjustment u/s 143(1)(a) without any arithmetical error in the return and without issuing a notice u/s 143(2). Finding that the assessee had correctly computed its total income, the Tribunal concluded that the adjustment was not sustainable in law. Consequently, the order passed u/s 143(1)(a)(ii) was quashed, and the addition was deleted.
What were the facts?
The assessee, a black tea manufacturer, filed its income tax return for AY 2013-14 with a total income of Rs.38,74,130/-. The CPC processed the return and made an adjustment of Rs.1,62,31,115/- to the returned income u/s 143(1)(a)(ii), increasing the total income to Rs.2,01,05,285/-. This adjustment was made by disallowing business expenditures and adjusted depreciation.
What were the issues?
Whether the adjustment made by the Assessing Officer/CPC under Section 143(1)(a)(ii) for disallowing expenditures was valid when there was no arithmetical error in the return and no notice under Section 143(2) was issued, and if the AO/CPC exceeded its jurisdiction.
Which sections of the Income-tax Act were involved?
Section 250,Section 143(1)(a),Section 143(1)(a)(i),Section 143(1)(a)(ii),Section 143(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH KOLKATA
Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey
Per Pradip Kumar Choubey, Judicial Member:
This appeal filed by the assessee is directed against the order dated 05.03.2025 of the National Faceless Appeal Centre (hereinafter referred to as the “CIT(A)”) passed u/s 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2013–14. 2. The only issue raised in the grounds of appeal that the A.O/CPC erred in disallowing a sum of Rs.1,62,31,155/- in the return of the assessee by way of adjustme
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