2021 (8) TMI 425

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....the Income Tax Act 1961, vide order dated 02.07.2019, as against return filed shown income at Rs. 17,74,155/- by making additions/disallowance totaling Rs. 5,77,410/-. That the additions/disallowance made are incorrect and against law and are without jurisdiction. It is prayed that the additions made to income be directed to be deleted. 2. That the Ld. CIT(A) has erred in confirming Rs. 5,64,980 disallowed by The DCIT CPC Bangalore, u/s. 43B in respect of TDS/GST/PF/ESI amounts outstanding on 31/03/2018, deposited by the assessee company by 7th of April 2018. That the amount having been deposited in time, additions/disallowance made to income is incorrect and is against law and requires to be deleted. 3. That the Ld. CIT(A....

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..... 17,74,155, which the Ld CPC Bangalore determined u/s. 143(1) at Rs. 23,51,566 after making adjustments totaling Rs. 5,77,411 (12,430 + 5,64,981) to the income shown as per details given as under: (i) Club expenses added to income Rs. 12,430 (ii) Disallowance made u/s. 43B Rs. 5,64,981 2.1. Details of club expenses are filed at Pg 7 of the ws. 2.2. Details of disallowance made u/s. 43B are as under: GST Payable Rs. 4,13,689 Deposited on 12.04.2018 Pg 8 of ws TDS on contractors Rs. 4,707 Deposited on 05.04.2018 Pg 9 of ws TDS on interest Rs. 877 Deposited on 05.04.2018 Pg 10 of ws TDS on Professional fees Rs. 4,950 Deposited on 05.04.2018 Pg 11 of ws TDS ....

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....pany has deposited the above amounts to the credit of the Govt within the statutory time, and in any case before the due date of filing the return. (31.10.2018). (b) Copies of challans in evidence of the amounts deposited were attached with the Tax Audit report and were also filed before the CIT(A). (c) The auditor's have not recommended any amount to be disallowed. The disallowance made is incorrect and is against law. (d) The Ld CPC Bangalore ought to have accepted the explanation of the assessee company and made no addition/disallowance. The Ld CPC has exceeded his jurisdiction by overlooking the provisos to section 143(1). (e) The Ld. CIT(A) has erred in endorsing the disallowance made by CPC Bang....

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....o that .................(a) to (e).......................- (a) "an incorrect claim apparent from any information in the return" shall mean a claim, on the basis of an entry, in the return,- (i) of an item, which is inconsistent with another entry of the same or some other item in such return; (ii) in respect "of which the information required to be furnished under this Act to substantiate such entry has not been so furnished; or (iii) in respect of a deduction, where such deduction exceeds specified statutory limit which may have been expressed as monetary amount or percentage or ratio or fraction; (b) the acknowledgement of the return ......................... 7. Power of attorney is fi....