2023 (1) TMI 831

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.... For the Revenue : Shri Suhas Kulkarni ORDER PER G. D. PADMAHSHALI, AM; By the present appeal the revenue challenges the order of National Faceless Appeal Centre, Delhi [for short "NFAC"] dt. 06/06/2022 passed u/s 250 of the Income Tax Act, 1961 [for short "the Act"] which in turn dove out of order of rectification passed u/s 154 of the Act, by the Deputy Commissioner of Income Tax, Cir....

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.... culminated accepting returned income without deviation. 3. Subsequently perusing the Tax Audit Report [for short "TAR"] and computation of income, Ld. AO identifying the short payment of expenses which are subjected to provisions of section 43B, invoked the rectification jurisdiction u/s 154 of the Act and by a notice dt. 28/04/2021 called upon the respondent to furnish explanation about the s....

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....ef to assessee on the issue of disallowance u/s. 43B of the Act without verification of the facts that whether the expenses made by the assessee were made on actual basis? 2. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in law and on facts by directing the AO to allow the relief to the assessee without verification of the facts that whether the expenses ....

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....TAR and allowed the appeal for statistical purpose but without reference to expenditure charged to Profit & Loss Account, hence for the reasons the matter requested for remand back to the file of AO for a limited purpose of verification of qualifying expense u/s 43 of the Act. 7. The learned representative of the assessee [for short "AR"] adverting to adjudication laid by the Ld. NFAC, concurre....