JCIT(OSD), KOLKATA vs. TOTAL AGRI CARE CONCERN(P)LTD, KOLKATA

The brief facts of the case are that the assessing officer\CPC, while processing the return of the assessee under section 143(1) of the income tax act, made it disallowance of Rs.7 057 2,643/- on account of inadmissible expenditure under section 37 of the act. The assessee filed rectification application u/s 154 of the act stating therein that since the assessee has not claimed the said amount as expenditure, therefore, no disallowance was attracted of this amount. However, the said claim of the assessee was rejected by the AO/CPC.

Assessment Year: 2020-21 M/s Total Agri Care Concern Pvt. Ltd 3. Before the Ld. CIT (A), the assessee again claimed that he has never claimed the said amount as expenditure. That the said amount was shown as contingent liability on account of disputed excise duty demand. That the assessee has never claimed as expenditure in the profit and loss account. The Ld. CIT(A), considering the aforesaid contentions of the assessee, directed the assessing officer to verify the claim of the assessee and if the same is found correct, then to delete the addition, and if found contrary, then to confirm the addition.

After hearing the Ld. representatives of the parties, we do not find any merit in the appeal of the revenue. This appeal by the revenue is nothing but wastage of the Govt. resources without application of mind.

In the result, the appeal of the revenue is here by dismissed. Kolkata, the 16th October, 2023. Sd/- Sd/- [�गर�श अ�वाल /Girish Agrawal] [संजय गग� /Sanjay Garg] लेखा सद�य/Accountant Member �या�यक सद�य/Judicial Member Dated: 16.10.2023. RS Copy of the order forwarded to: 1. JCIT(OSD), Circle-11(1), Kolkata 2. M/s Total Agri Care Concern Pvt. Ltd 3.CIT (A)- 4. CIT- , 5. CIT(DR),