2022 (7) TMI 1007

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....f the intimation/order dt. 15-03-2019 framed u/s. 143(1) of the Income Tax Act, 1961 [ in short, hereinafter referred to as 'the Act'] by the DCIT,CPC, Bangalore, Karnataka. 2. Brief facts of the case as culled out from records are that the assessee is a private limited company. It filed e-return of income for the AY 2017-18 on 30-10-2017 declaring income at Rs.48,86,465/-. The case of the assessee was processed u/s. 143(1) of the Act by CPC, Bangalore on 15-03-2019 computing the income of assessee at Rs.60,21,580/- after making disallowances Rs.79,701/- u/s. 43B of the Act and Rs.10,52,714/- u/s. 36(1)(va) of the Act (Rs. 5,26,357/- towards delayed payment of PF/ESI of employees' contribution and Rs.5,26,357/- towards payment of PF/ESI ....

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....any sum payable by the assessee as an employer by way of contribution to any provident fund and paid on or before the due date for furnishing the return of the income under sub-section (1) of section 139, assessee would be entitled to deduction under section 438 and such deduction would be admissible for the accounting year. 4. For that the learned CIT (Appeal) has erred in law and in fact by confirming the addition of Rs. 5,26,357/- made by the Assessing Officer on account of employee's contribution to P F u/s.36(1)(va) of the Income Tax Act, 1961. 5. For that the learned CIT (Appeal) has erred in law by not considering the submission of the appellant that the provision of Sec 143(1)(a) do not empower the Assessing Of....

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....was mentioned that service tax was routed through P & L account. Revised audit report dt. 05-04-2019 is also submitted, wherein it is stated that service tax was not routed through P & L account. Provisions of section 43B of the Act comes into play only on amount claimed as an expenditure in the Manufacturing/Trading and Profit & Loss Account. 9. Since in the instant case the processing u/s. 143(1) of the Act was completed on 15-03-2019, whereas the revised audit report is dt. 05-04-2019 in which claim of the assessee is that service tax of Rs.79,701/- was not routed through P & L account, therefore, this fact needs examination at the end of the ld. AO before whom the assessee shall place the relevant documents including the revised audi....