2026 (5) TMI 1621

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....d by the assessee are as under: "1. On the facts and the circumstances of the case and as per law, the H'ble CIT(A) has erred in confirming addition made by the Ld. Assessing Officer and as a result, appeal of the Appellant Company is dismissed. 2. On the facts and circumstances of the case and in law, the H'ble CIT(A) has erred in facts and in law, by confirming addition of Rs. 89,01,461/- on account of Late payment of Service Tax - Disallowance u/s 43B of the Income Tax Act, 1961. Your Appellant submits that addition made is not justified and same be deleted. 3. On the facts and circumstances of the case and in law, the H'ble CIT(A) has erred in not appreciating the fact that the Appellant Company has du....

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....ssed the impugned Order in undue haste, without affording sufficient opportunity of virtual hearing and/or stating requirement for further details/documents/ explanation in conjunction with Submission made on 28.02.2025 as prayed while making submission dated 28.02.2025, thereby violating the principles of natural justice. 7. On the facts and circumstances of the case, the Ld. Assessing Officer has unlawfully hold Refund due to the Appellant Company for various Assessment Years since filing of Appeal even after payment of 20% of Tax Demand due as per Notice of Demand. The Appellant Company is a registered 'Micro, Small and Medium Enterprise (MSME)' engaged in active business operations. 'The Appellant Company n....

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....ee. 5. There is a delay of 31 days for which the assessee has filed the delay condonation application and the reason given therein appears to be genuine. Hence, the delay is condoned. 6. Being aggrieved by the order of the CIT(A), the assessee filed appeal before the Tribunal. 7. The Ld. AR submitted that the assessee has shown gross revenue of Rs. 10,81,51,882.43/- during the year under consideration with the net sales of Rs. 9,34,92,588.22/- only and service tax of Rs. 1,46,59,294.21/- was reduced by assessee. The assessee has debited the amount of service tax in the Profit & Loss Account by reducing the amount from the gross revenue only for the purpose of presentation from Company Act 2013, 2013 and in the books of account the ....