Answer

ITR

Appealing against a CPC 143(1) intimation

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  1. 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.

  2. 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.
  3. 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.

  4. Conclusion

    1. Decide if the issue is a clear error or a dispute.
    2. For a dispute, prepare grounds against the intimation.
    3. Pay the fee and file Form 35 within 30 days.
    4. Respond to the demand on the portal citing the appeal.
    5. Track hearing notices.

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Appeal to CIT(A), Form 35 (now Form 99)

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