TAMILNADU WATER INVESTMENT COMPANY LIMITED ,CHENNAI vs. ADIT , CPC , BANGALORE

माननीय +ी वी. दुगा1 राव, �ाियक सद2 एवं माननीय +ी मनोज कुमार अ7वाल ,लेखा सद2 के सम9। BEFORE HON’BLE SHRI V. DURGA RAO, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा1रण वष1 / Assessment Year: 2020-21) Tamilnadu Water Investment ADIT Company Ltd. CPC, Bangalore. बनाम/ 1st Floor, Polyhose Towers, Vs. No.86, Mount Road, Guindy, Chennai – 600 032. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABCT-8153-B (अपीलाथ�/Appellant) : ("#थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri R. Viswanathan (FCA) – Ld. A.R "#थ�कीओरसे/Respondent by : Shri P. Sajit Kumar - (JCIT) – Ld. D.R सुनवाईकीतारीख/Date of Hearing : 12-01-2023 घोषणाकीतारीख /Date of Pronouncement : 12-01-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member): 1. In the aforesaid appeal for Assessment Year (AY) 2020-21, the sole issue that fall for our consideration is disallowance u/s 43B for Rs.14.67 Lacs. The Ld. AR submitted that impugned disallowance arises because of erroneous reporting by tax Auditor. The attention has been drawn to the fact that in computation income, the assessee claimed deduction for late payment of gratuity fund for Rs.27.95 Lacs which was disallowed in earlier years but paid in this year and therefore, the deduction of the same was claimed. At the same time, the assessee debited provision for gratuity for Rs.14.67 Lacs which remained unpaid and accordingly, the same was disallowed in the computation of income. However, Tax Auditor, reported net of the two i.e., Rs.13.27 Lacs in Form 3CD which led to impugned disallowance. Considering the same, CPC restricted allowable amount of Rs.27.95 Lacs to the extent of Rs.13.27 Lacs and made adjustment of Rs.14.67 Lacs while processing the return of income.