2022 (4) TMI 1320

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....g application filed u/s 154 which should have been accepted. 3. The addition made by Learned Lower Court was not within the preview of adjustments which could be made u/s 143(1)(a). 4. That the Learned Lower Court erred in facts and legal aspects of the case in confirming the addition made of Rs. 28,68,551/- by invoking Sec 43B in respect of Service tax which has never been debited to profit and loss account. The same fact was also reported in Form 3CD para 26(B). 5. That the Learned Court erred in facts of the case by adding a sum of Rs. 7,28,139.70/- being interest on Service Tax, when the same was already added back in the return which amount to double addition. 6. That the order passed is against the ....

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....providing any reasons, disallowed the amount in the rectified intimation and therefore, the assessee filed appeal before learned CIT(A) who also dismissed the appeal of the assessee by holding that there was no mistake apparent from record. Learned counsel for the assessee in this respect submitted that this finding of learned CIT(A) is not correct as the mistake is apparent from record as the computation of income along with complete audit report was available with the CPC and CPC should have captured the entire contents of audit report along with the entire contents of computation of income. It was submitted that if the audit report and computation of income is considered together, it is observed that assessee itself had added back to its....

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....& loss account and for the third item, it is mentioned that such item was not routed through profit & loss account. The assessee, in the computation of income, added back to its income the amounts which were routed through the profit & loss account which is apparent from page 14 of the paper book. As regards the third item of service tax, no adjustment was required to be made as this amount was not routed through the profit & loss account and therefore, was not disallowable u/s 43B of the Act. The auditor has mentioned the complete facts regarding the fact of not having paid these amounts along with the fact as to whether the entries were passed through profit & loss account or not. The CPC though allowed opportunity to the assessee for pro....