2023 (7) TMI 786

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....& 143(3B) OF THE ACT IS BAD IN LAW : 1.01 On the facts and circumstances of your appellant's case as well as in law, the ld. CIT(A) has erred in not treating the impugned assessment order as Bad in Law as the same was passed without fully appreciating and following the due procedure of law, without mentioning concrete reasons for additions made, without giving opportunity of being heard, even exceeding scope of scrutiny assessment notice and lawful jurisdiction. 1.02 Your appellant prays your honour to hold so now and quash the assessment order passed as bad in law. 2. TOTAL ADDITIONS OF RS.4,40,100/- TO RETURNED INCOME 2.01 On the facts and circumstances of appellant's case as well as in law, the ld. CIT....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for limited scrutiny assessment under the e-assessed scheme 2019 on the issue of disallowance under Section 40A(7) related to gratuity provision. The Assessing Officer passed Assessment Order dated 13.08.2020 under Section 143(3) read with Section 143(3A) and 143(3B) of the Act. As per the said order, the addition proposed under Section 40A(7) was deleted and the income of the assessee was assessed as per the initial intimation under Section 143(1) and order dated 13.11.2019 thereby determining the total income at Rs.23,77,370/-. The assessee has not challenged the order dated 13.11.2019 which was intimation under Section 143(1) of the Act and as per the said intimation the disallowance under Section 36(1)(va) and disallowance under Sectio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... AR further submitted that the assessment order, therefore, deserves to be quashed. 6.2 As regards ground no.2 related to additions aggregating to Rs.4,40,100/-, the Ld. AR submitted that the Assessing Officer made three additions which was confirmed by the CIT(A) in respect of addition under Section 36(1)(va), addition under Section 37 and addition under other sources. To that extent in respect of addition of Rs.4,32,177/- under Section 36(1)(va) of the Act, the assessee had presented amount of employee's contribution to PF & ESI on due date i.e. 15^th and the amount was also realised on due date itself i.e. 15^th. However, owing to some technical glitches date of credit in the challan appears to be 16^th i.e. next date. Thus, perusal ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....disallowed the amount of Rs.1,222/- while filing the return of income. Hence, sustaining the addition of Rs.1,222/- will tantamount to double taxation which was never the intention of the Legislature. Under such circumstances, the impugned addition deserves to be deleted in the larger interest of justice. 6.5 As regards to addition of Rs.6,698/- relates to other income, the Ld. AR submitted that the CIT(A) has not at all discussed and decided the a issue with respect to this addition despite specific contentions raised in respect of the same. In any case, profit on sale of TV was erroneously shown under the head income from other sources. However, such income will not be taxable in the year under consideration since block of assets conce....