M/S. CAST SOFTWARE INDIA PRIVATE LIMITED,BANGALORE vs. ACIT, CIRCLE-2(1)(1), BENGALURU
What did the Tribunal hold?
The Tribunal held that the disallowance for GST was unjustified as it was not routed through the P&L account and thus Section 43B was not attracted. The delay in PF deposit by one day due to a holiday was also condoned, allowing the deduction.
What were the facts?
The assessee company, engaged in IT services, filed its return declaring income. The CPC processed the return and made disallowances regarding delayed payment of provident fund and GST. The assessee also erroneously selected a higher tax rate initially.
What were the issues?
Whether the disallowance of GST under Section 43B was justified when not claimed as a deduction. Whether the one-day delay in PF deposit, due to a holiday, warranted disallowance under Section 36(1)(va).
Which sections of the Income-tax Act were involved?
Section 43B,Section 36(1)(va),Section 139(1),Section 143(1),Section 143(3),Section 234B,Section 234C,Section 244A,Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE
Before: SHRI PRASHANT MAHARISHI & SHRI KESHAV DUBEY
PER KESHAV DUBEY, JUDICIAL MEMBER:
This appeal at the instance of the assessee is directed against the order of the ld. Addl/JCIT(A)-1 Pune dated 18.11.2024 vide DIN & Order No. ITBA/APL/S/250/2024-25/1070402750(1) passed for the AY 2018-19 u/s 250 of the Income Tax Act, 1961 (in short “The Act”).
The assessee has raised the following grounds of appeal: M/s. CAST Software India Pvt. Ltd., Bengaluru M/s. CAST Software India Pvt. Ltd., Bengaluru 3. Brief facts of the case are that assessee company is engaged in providing information technology services including designing, dev
The order continues below.
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