CHAPHEKAR SUSPENSIONS PVT.LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE

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ITA 793/PUN/2024Status: DisposedITAT Pune12 September 2024AY 2022-23Bench: SHRI R. K. PANDA (Vice President), MS ASTHA CHANDRA (Judicial Member)7 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that furnishing evidence of payment is a procedural requirement. Since the bonus was paid before the extended due date for filing the return, the disallowance was not justified.

What were the facts?

The assessee paid bonus to employees after filing its return of income but before the extended due date for filing. The Assessing Officer confirmed the disallowance of this bonus payment, citing it was made after the return filing date.

What were the issues?

Whether a bonus payment made after filing the return but before the extended due date is allowable as an expense under Section 43B.

Which sections of the Income-tax Act were involved?

Section 43B,Section 139(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI R. K. PANDA & MS ASTHA CHANDRA

For Appellant: Shri Sharad A Vaze
For Respondent: Shri Ramnath P Murkunde

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: अपीलार्थी / The Appellant; 1. 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT 4. DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file.

आदेशानुसार/ BY ORDER, // True Copy //

Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune S.No. Details Date Initials Designation 1 Draft dictated on 10.09.2024 Sr. PS/PS 2 Draft placed before author 11.09.2024 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

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