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Processing of Return of Income [Section 143(1)]

Where a return has been made under:

(i)         Section 139 or

(ii)        In response to a notice under section 142(1),

such return shall be processed in the following manner, namely—

(a)        the total income or loss shall be computed after making the following adjustments, namely:—

(i)         any arithmetical error in the return; or

(ii)        an incorrect claim, if such incorrect claim is apparent from any information in the return;

  1.  disallowance of loss claimed, if return of the previous year for which set off of loss is claimed was furnished beyond the due date specified under section 139(1);

(iv)       disallowance of expenditure indicated in the audit report but not taken into account in computing the total income in the return;

(v)        disallowance of deduction claimed under sections 10AA, 80-IA, 80-IAB, 80-lB. 80-IC, 80-ID or Section 80-IE, if the return is furnished beyond the due date specified under section 139(1); or

(vi)       addition of income appearing in Form 26AS or Form 16A or Form 16 which has not been included in computing the total income in the return. However, no adjustment shall be made under sub-clause (vi) in relation to a return furnished for the assessment year commencing on or after the 1st day of April, 2018.

1. The above adjustments shall not be made unless an intimation is given to the assessee of such adjustments either in writing or in electronic mode.

2. Further, the response received from the assessee, if any. shall be considered before making any adjustment, and in a case where no response is received within thirty days of the issue of such intimation, such adjustments shall be made.

(b)        the tax, interest and fee, if any, shall be computed on the basis of the total income computed under clause (a);

(c)        the sum payable by, or the amount of refund due to, the assessee shall be determined after adjustment of the tax, interest and fee, if any, computed under clause (b) by any tax deducted at source. any tax collected at source, any advance tax paid any relief allowable under section 89, any relief allowable under an agreement under section 90 or section 90A, or any relief allowable under section 91, any rebate allowable under Part A of Chapter VIII, any tax paid on self-assessment and any amount paid otherwise by way of tax or interest or fee;

(d)        an intimation shall be prepared or generated and sent to the assessee specifying the sum determined to be payable by, or the amount of refund due to, the assessee under clause (c); and

(e)        the amount of refund due to the assessee in pursuance of the determination under clause (c) shall be granted to the assessee.

An intimation shall also be sent to the assessee in a case where the loss declared in the return by the assessee is adjusted but no tax or interest or fee is payable by, or no refund is due to, him. [First proviso]

No intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the return is made. [Second proviso]

Where, after making the above adjustments either no sum is payable by the assessee or no refund is due to him, the acknowledgment of the return shall be deemed to be intimation under section 143(1). [Clause (b) of the Explanation]

1.   Scheme for Centralized Processing of Return of Income [Section 143(1B)]:

For the purposes of processing of returns under section 143(1), the Board may make a scheme for centralised processing of returns with  a view to expeditiously determining the tax payable by, or the refund due to, the assessee as required under the said sub-section.

For the purpose of giving effect to the scheme, the Central Government may, by notification in the Official Gazette, direct that any of the provisions of this Act relating to processing of returns shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in that notification; so, however, that no direction shall be issued after 31.3.2012.

2.   Withholding of Refund in certain cases up to the date on which the Assessment is Made [Section 241A]:

For every assessment year commencing on or after the 1st day of April, 2017, where refund of any amount becomes due to the assessee under the provisions of sub-section (1) of section 143 and the Assessing Officer is of the opinion, having regard to the fact that a notice has been issued under sub-section (2) of section 143 in respect of such return, that the grant of the refund is likely to adversely affect the revenue, he may, for reasons to be recorded in writing and with the previous approval of the Principal Commissioner or Commissioner, as the case may be, withhold the refund up to the date on which the assessment is made.

In other words, for the returns furnished for assessment year commencing on or after 1.4.2017, where refund of any amount becomes due to the assessee under section 143(1) and the Assessing Officer is of the opinion that grant of refund may adversely affect the recovery of revenue, he may, for the reasons recorded in writing and with the previous approval of the Principal Commissioner or Commissioner, withhold the refund up to the date on which the assessment is made.

 

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