2025 (3) TMI 2023

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....l Yadav, CIT-DR ORDER PER SATBEER SINGH GODARA, JUDICIAL MEMBER: This assessee's appeal for Assessment Year 2020-21, arises against the CIT(A)/NFAC, Delhi's DIN & order No. ITBA/NFAC/S/250/2024-25/1066734761(1) dated 16.07.2024, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short "the Act"). 2. Heard both the parties at length. Case file perused. 3. The assessee raises t....

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....43(1)(a) of the IT Act while processing the return of income under section 143(3) of the IT Act and by not giving the Assessee Company a further opportunity for hearing, before making the additions of Rs 44,92,782. c) The Ld. Director of Income Tax - CPC under section 143(1)(a) of the IT Act has erred in law and failed to appreciate and consider the submission of Assessee Company while pr....

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....cognition Policy followed by the Appellant / Assessee Company. Further, there was no obligation on part of the Appellant / Assessee company to report the GST collected under the turnover in the Profit and Loss Account. (b) The outstanding GST Payable by the Appellant of Rs 44,92,782 was reported in the tax audit report under Clause 26(i)(B)(b) pertaining to section 43B of the IT Act for G....

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....ditions of the GST payable of Rs. 44,92,782." 4. We are taken to the assessee's paper book running into 80 pages at the outset. A perusal thereof at page 71 indicates in the "CPC" had proposed the impugned adjustment of Rs. 44,92,782/- in the course of section 143(1)(a)(iv) "processing" alleging inconsistency in the amount to be disallowed in section 43B which admittedly gets invoked wherein a ....