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2014 (1) TMI 248 - AT - Income TaxAddition/disallowance on TDS certificate not allowed – Rectification application u/s 154 not made within four years – Held that:- The return was processed u/s.143(1) of IT Act on 30/06/1999, however both the copies of the intimation was found to be placed in the case records - the intimation u/s.143(1) remained to be served upon the assessee – thus, the intimation was not sent to the assessee, thus, the question of limitation raised by the Revenue was against the natural justice as well as unjustifiable - The law prescribes that an intimation has to be sent to the assessee specifying the sum so payable and that intimation shall be deemed to be a notice of demand u/s.156 of IT Act – thus, the issuance of such an intimation is absolutely necessary - the assessee was not aware about the adjustments and the fate of its return; stated to be filed in the due course. When it was came to the notice of the assessee that the credit of the TDS was not properly given, then the assessee moved an application before the AO - a photocopy of the impugned intimation u/s.143(1)(a) was received by the assessee in the month of March-2006 - Immediately, thereafter an application u/s.154 was moved on 20th March-2006 - where the assessee disputes and requests for correction of the figures of arrear demand, whether uploaded on CPC or not uploaded and still lying in the records of the Assessing Officer, the jurisdictional Assessing Officer shall verify the claim of the assessee on merits and after due verification of such claim, will make suitable correction in the figure of arrear demand in his records and upload the correct figure of arrear demand on CPC portal - the grievance of the assessee is well-founded - the AO is directed to entertain the rectification application dated 20/03/2006 and dispose it off as per law after verification of record as also the eligibility of the claim – Decided in favour of Assessee.
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