In one of the case , AO gave the assessment order u/s 143(3) and clearly mentioned no variations proposed.
He gave another computation sheet with addition of some amount in capital gains income ,making the tax payable.
and then subsequently passed the demand notice u/s 156 .
is this possible?
Mentioning no variations proposed in order and charging tax in demand notice is justified?
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Issue of query of assessment order u/s 143(3)
Replies (3)
Once the assessee decides to challenge the tax demand, it has to file an appeal before the CIT (A). Form No. 35 requires to set out a statement of facts along with the grounds of appeal. Poor preparation of grounds of Appeal may result in a good case being lost. Ground of appeal represent the those issues which show the nature of the dispute between the assessee and the revenue.
Sec 143(3) needs to be resolved first. What is the demand notice???
Charging tax in the demand notice is not justified when the order u/s 143(3) states that no variations are proposed.This being a mistake apparent from records, the assessee can submit a rectification request u/s 154 for rectification of computation sheet.
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