NICHINO INDIA PRIVATE LIMITED (FORMERLY NICHINO CHEMICAL INDIA PRIVATE LIMITED NOW MERGED),HYDERABAD vs. DCIT., CIRCLE-5(1), HYDERABAD

ITA 366/HYD/2024Status: DisposedITAT Hyderabad25 September 2024AY 2020-21Bench: SHRI K.NARASIMHA CHARY (Judicial Member), SHRI MADHUSUDAN SAWDIA (Accountant Member)6 pages
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What did the Tribunal hold?

The Tribunal held that the appeal against the 143(1) order does not automatically become infructuous even if a 143(3) order is passed, especially when the 143(3) order does not discuss the disallowances made in the 143(1) intimation. The delay in filing the appeal was condoned.

What were the facts?

The assessee filed a return of income showing a loss. The Assessing Officer (AO) passed an order under section 143(1) reducing the loss. Subsequently, a scrutiny assessment under section 143(3) was completed, but it did not discuss the disallowances made in the 143(1) intimation. The assessee filed an appeal against the 143(1) order with a significant delay.

What were the issues?

Whether an appeal against a 143(1) intimation becomes infructuous after a 143(3) assessment order is passed, and whether the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 143(3),Section 154

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Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”, HYDERABAD

Before: SHRI K.NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA

Hearing: 09/09/2024

PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 13/02/2024 passed by the learned Commissioner of Income Tax (Appeals) (“Learned CIT(A)”),Mumbai in the case of Nichino India Private Limited (“the assessee”) for the assessment year 2020-21, assessee preferred this appeal.

2.

Assessee filed return of income for the assessment year 2020-21 on 13/02/2021, declaring a loss of Rs.3,93,94,677/-. Intimation under section 143(1) of the Income tax Act, 1961 (“the Act”) was served on the assessee on 19/11/2021, deter

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