JAINARAYAN H. JAISWAL,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGLORE

It emerges during the course of hearing that the assessee’s sole substantive grievance raised in the instant appeal is with regard to addition of Rs.8,80,158/- relates to bonus amount made in both the lower authorities’ respective

2 ITA.No.335/NAG./2022 orders. Learned counsel for the assessee submitted that the assessee had paid the bonus amount before the due date of filing return of income and therefore, the same ought not to have been disallowed u/s.43B of the Act. The learned NFAC has partly affirmed the CPC’s order to the extent of Rs.49,216/- out of Rs.8,80,158/- without verifying the corresponding actual bonus payment(s) made by the assessee. Mr. Marathe could hardly dispute the clinching fact that the NFAC’s order has nowhere decided the assessee’s substantive grounds on merits in foregoing terms. Faced with this situation, I deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the Assessing Officer for verification of actual payment of bonus amount preferably within three effective opportunities of hearing, subject to the rider that it shall be the taxpayer’s onus and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly.

This assessee’s appeal is allowed for statistical purposes in above terms.