ITR
Appealing against a CPC 143(1) intimation
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Facts
Yes. An intimation under Sec 143(1) that makes adjustments is an appealable order, and the rectification FAQ also says you can appeal directly against a CPC order.
Provisions and law
- Sec 246A, Income-tax Act 1961 (now Sec 357)Lists orders you can appeal before the Commissioner (Appeals), including intimations with adjustments, assessments, rectification and penalty orders.
- Sec 143(1), Income-tax Act 1961 (now Sec 270(1))Processing of the return and intimation of tax payable or refund.
Analysis
Appeal is better when the issue is a real dispute, for example CPC disallowed a deduction you are entitled to on facts. For clear errors such as missing TDS credit, rectification is faster and free. The 30 days run from service of the intimation.
Conclusion
- Decide if the issue is a clear error or a dispute.
- For a dispute, prepare grounds against the intimation.
- Pay the fee and file Form 35 within 30 days.
- Respond to the demand on the portal citing the appeal.
- Track hearing notices.
A Savvy can do this for you
Appeal to CIT(A), Form 35 (now Form 99)
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