JAY NARAYAN PERIWAL,SURAT vs. INCOME TAX OFFICER, WARD - 2(3)(1), SURAT

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ITA 326/SRT/2022Status: DisposedITAT Surat04 January 2023AY 2020-21Bench: SHRI PAWAN SINGH (Judicial Member)4 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 found that all payments admissible under Section 43B were actually paid by the assessee before the due date of filing the return of income. Therefore, the assessee is eligible for the deduction.

What were the facts?

The assessee claimed a deduction of Rs. 1,36,430/- under Section 43B for payments like PF, interest on term loan, professional tax, and GST. The CPC disallowed this deduction. The assessee provided proof of actual payment for all these items.

What were the issues?

Whether the disallowance of deduction under Section 43B was justified when the assessee had made actual payments before the due date of filing the return.

Which sections of the Income-tax Act were involved?

Section 43B

AI-generated summary — verify with the full judgment below

Appellant represented by Shri Suresh K Kabra, CA Respondent represented by Shri Vinod Kumar, Sr. DR Date of hearing 04/01/2023 Date of pronouncement 04/01/2023 Order under Section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by the assessee is directed against the order of National Faceless Appeal Centre, Delhi (in short, the NFAC)/learned Commissioner of Income Tax (Appeals) (in short, the ld. CIT(A) dated 16/09/2022 for the Assessment year (AY) 2020-21. The assessee has raised following grounds of appeal: “1. The ld. Faceless CIT(A) has erred on the facts of the case and in law in not discussing the ground No. 2 relating to disallowance u/s 43B of Rs. 1,36,430/- and confirming the same. 2.1 The claim of deduction u/s 43B of Rs. 1,36,430/- may be kindly allowed. 2.2 Personal hearing may be granted. 2.3 Any other relief that your honours may deem fit may be granted.

3. The assessee craves leave to add, amend, modify alter or delete any of the grounds at the time of hearing.”

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