2025 (1) TMI 1649

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....ndra Kumar Billaiya, Hon'ble Accountant Member For the Assessee : Ms. Chandni Shah, C.A. & Hardik Nirmal & Ms. Tejal Saraf, C.A., A/Rs For the Revenue : Shri Bhangepatil Pushkaraj Ramesh, Sr. D/R ORDER PER NARENDRA KUMAR BILLAIYA, AM: This appeal by the assessee is preferred against the order of the Addl./JCIT(A)-2, Surat [hereinafter 'the ld. CIT(A)'] dated 01/10/2024, pertaining t....

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....nt was credited by the said amount. Since there was no element of income in the said GST refund, the same was not credited to the statement of P&L account. 5. The tax auditor reported such GST refund under clause 16(b) of the Tax Audit Report (TAR) for AY 2022-23 as any amount not credited to the P&L Account. 6. The CPC while processing the return of income has added this amount of GST refun....

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....low. It is an undisputed fact that the assessee has never claim the GST payment as expenses and charged to its profit and loss account. It is equally true that the provisions of Section 145A(ii) of the Act, squarely apply in the facts of the present case. We are of the considered view that, if refund of GST is added to the taxable income of the assessee then, the GST expenses should also be charge....