2025 (4) TMI 1963

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....to 'the Act') dated 23.12.2022. 2. Brief facts of the case: The assessment in this case was completed u/s 144 r.w.s. 144B of the Act as the assessee failed to respond to several notices/opportunities given by the Assessing Officer. The Assessing Officer noted that the assessee had shown turnover of Rs. 15,39,79,313/- in the profit & loss account as on 31.03.2021 but the GST return data of the assessee available in the Insight module of the Department software showed turnover of Rs. 17,20,88,327/- during the same period. In absence of compliance by the assessee, the Assessing Officer added the amount of Rs. 1,81,09,014/- to the total income as suppression of turnover. 3. Aggrieved with the said order, the assessee filed an appeal befor....

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....rietary business of scrap trading under the name M/s Ayoniza Enterprises. 3. The assessee filed his Income Tax Return (ITR) for AY 2021-22 on 08.10.2021, declaring total income of Rs. 14,14,860/- (PB Pg. 2-4). 4. The case was selected for scrutiny through the CASS module, and a notice under Section 143(2) was issued on 28.06.2022. The scrutiny was triggered due to purchases from suppliers who were either non-filers or had filed non-business ITRs. 5. The assessee has a turnover of Rs. 15,39,79,313/- in the Profit & Loss account for FY 2020-21. 6. However, the Id. AO has taken the data from Insight portal (AIS/TIS) and alleged that the assessee has turnover of Rs. 17,20,88,327/-, and made the addition of Rs....

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....of the appeal is against the disallowance of Rs. 623 on account of GST late fees. The Assessing Officer disallowed the said sum debited in the profit & loss account on account of being admissible in the eyes of law, which was also confirmed by the Ld. CIT(A). 10. The ld. AR submitted that late payment of fees amounting to Rs. 623 was on account of non-compliance of the provisions of GST Act and not on account of infraction of any law and was not penal in nature. In this regard, the Ld. AR relied upon the following decisions:- i. Vyoma Technologies Private Limited vs DCIT ITAT Bangalore ii. DCIT vs Mahalaxmi Infracontract Ltd. iii. M/s Maglam Arts vs PCIT, Jaipur, iv. ITO vs Virtue Financial Service Pvt....