Income tax adjustment under Sec 143(1) notice received but not processed even after agreeing to it

Ashish Singhal (Senior Engineer) (49 Points)

30 November 2022  

HI from AY 22-23, I submitted ITR2 before the due date and as per my submission, a refund of 3320 was expected. I got a notice under 143(1) saying that the LTCL of Rs 255054 that I had claimed in the ITR is disallowed as the previous return (in which this loss was incurred and carried forward) was filed after the due date and hence I will not get the benefit of adjusting the LTCG in the ITR of FY AY22-23. On checking the facts, I found out that this was correct and hence I submitted a 'Agreed' response to the notice and then a mail came that we will now process your ITR for AY 22-23 based on your response. So I was expecting a demand notice from Income tax saying you will have to pay income tax after removing the adjustment of 255054 (roughly around 30,000 rs - refund of 3320 = around 27,000. But on Oct 21, 2022 I got ITR intimation that your ITR has been processed with refund of Rs 3320. So what I want to know is:-

1) When I have agreed to the income tax notice relating to their adjustment, why they have not considered the additional tax liability arising out of that adjustment while processing my ITR?

2) My ITR status online shoes refund awaited for the past 40 days, so is it that after this I will get another notice from Income tax asking me to pay the additional income tax arising out of the adjustment that I agreed to or they are still processing the adjustment,  thats why refund is not released.

3) IS income tax going to adjust the additional tax liability in the next year's ITR in which case I will have to pay the interest from now till the next year on the additional tax. Is there anyway, I can communicate with cpc on this?

Thx,
Ashish