2025 (6) TMI 1079

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....udice to one another. The Appellant submits as under: 1. Order passed by the Commissioner of Income Tax (Appeals) is bad in law The Learned Commissioner of Income Tax (Appeals) - 15 Bengaluru ['Ld. CIT(A)'] erred in incorrectly adjudicating the grounds filed by the Appellant, without considering the facts and circumstances of each of the grounds. Therefore, the order passed under section 250 of the Income-tax Act, 1961 ('the Act'), be struck down as invalid, as the order is bad in law and on facts. 2. Erroneous addition of the refund of GST and VAT received by the Appellant 2.1. The Ld. CIT(A) and the Ld. Central Processing Centre ('CPC') erred in law and in facts in in treating th....

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....ion 143(1)(a)(i) to (vi) of the Act. 4. Erroneous non-set-off of brought forward unabsorbed depreciation: The Ld. CIT(A) erred in not allowing set-off of the brought forward unabsorbed depreciation as per the return of income filed by the Appellant against the income computed for AY 2021-22 by the Ld. CPC. 5. Erroneous levy of interest under section 234B of the Act The Ld. CIT(A) erred in not deleting the interest levied under section 234B of the Act. 6. Erroneous levy of interest under section 234C of the Act The Ld. CIT(A) erred in not deleting the interest levied under section 234C of the Act, without appreciating that no interest under section 234C is leviable in the instant case as ....

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....o be brought to tax in the year of receipt and some grounds raised by the assessee were remitted to the AO and accordingly, he partly allowed appeal of the assessee. 4. Aggrieved from the above Order, assessee filed appeal before ITAT. 5. The learned Counsel reiterated the submissions made before the lower authorities and submitted that GST and VAT refund addition made by the CPC is only on the basis of From3CD report at Sl.No.16 which is placed at Paper Book Page No.157 with the remark as under: "The proforma credits, drawbacks, refund of duty of customs or excise or service tax, or refund of sales tax or value due added tax, or refund of GST, where such credits, drawbacks or refunds are admitted as due by the authorities co....

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....r section 154 of the Act has been rejected by the CPC observing that the refund of GST and VAT should be considered as part of income of the assessee. The learned CIT(A) has relied on the judgment of the jurisdictional Hon'ble High Court. During the course of argument, the learned Counsel submitted that the assessee has never claimed as expenditure to the payment of VAT and GST. Therefore, the refund of VAT and GST should not be considered as part of the income in the year of receipt. However, we noted that these arguments of the learned Counsel have never been examined by the Revenue authorities. The learned CIT(A) has also not examined this fact. Therefore, considering the facts of the case and in the interest of justice, we are remitting....