2024 (3) TMI 724

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....TA has erred in law and merits of the case in not deleting the addition made by the CPC of the amount disallowed under section 43B to the extent of Rs. 13,96,488/- out of the total amount disallowed under section 43B of Rs. 59,93,050/- 2. The appellant craves, leave or reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. Total effect (see note below) 2,00,459/- 3. The assessee filed return of income for assessment year 2020-21 on 13-02-2021 declaring total income of Rs. 21,92,050/- for assessment year 2020-21 on which tax was payable was Rs. 4,88,920/- against which there was a TDS of Rs. 6,32,301/- net tax refundable was Rs. 1,43,380....

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....ubmitted that in the case of the assessee, the outstanding payable of GST on the date of filing the audit report on 11-01-2021 was Rs. 67,47,034/- and hence the auditor disallowed the same in his audit report in clause 26(i)(B)(b) and duties and taxes not paid on or before date of audit report i.e. Rs. 67,47,034/-. However, while/before the filing of return of income on 13-02-2021 u/s. 139(i) i.e. within due date of filing the return of income, out of Rs. 67,47,034/- GST payable, the assessee paid GST of Rs. 53,50,546/- from the date of audit report to date of filing of income tax return. Hence, amount to be disallowed is Rs. 13,96,488/- out of which Rs. 7,53,990/- was already disallowed by the assessee while filing the return of income. Th....

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....e event if it is not paid within the due date of filing of income tax return as specified u/s. 139(1) of the Act. The ld. A.R. relied upon the decision of the Tribunal in case of SDCA Projects Pvt. Ltd. vs. DCIT ITA No. 2556/Ahd/2017 order dated 01-10-2019 and also the decision of Hon'ble Delhi High Court in case of Noble & Hawitt (I)(P) Ltd. where the facts of the assessee's case are similar to those cases 305 (ITR) 324. 6. The ld. D.R. submitted that the GST was not paid till date of audit report finalization and therefore the Assessing Officer as well as the CIT(A) has rightly disallowed Rs. 6,42,498/- towards the unpaid GST. The ld. D.R. relied upon the assessment order and the order of the CIT(A). The ld. D.R. relied upon the decisi....