SHREE UMIYA COTTON GINNING AND PRESSING P. LTD.,AMRELI vs. THE DCIT(CPC), BENGALURU

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ITA 188/RJT/2022Status: DisposedITAT Rajkot31 August 2023AY 2018-19Bench: SHRI WASEEM AHMED (Accountant Member), Ms. MADHUMITA ROY (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the issue to the AO to consider the revised audit report and any other evidence filed by the assessee. The AO is to pass an order afresh in accordance with the law.

What were the facts?

The assessee's appeal concerns a disallowance of Rs. 11,05,728/- under Section 43B for GST. A revised audit report under Section 44AB was filed after the assessment order.

What were the issues?

Whether the disallowance of GST deduction under Section 43B was justified, considering a subsequently filed revised audit report.

Which sections of the Income-tax Act were involved?

Section 43B,Section 44AB,Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “RAJKOT” BENCH, RAJKOT

Before: SHRI WASEEM AHMED&

For Appellant: Shri D. M. Rindani, A.R, Shri Ashish Kumar Pandey

O R D E R

PER Ms. MADHUMITA ROY - JM:

1.

The instant appeal at the instance of the assessee is directed against the order dated 15.03.2022 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the assessment order dated 03.07.2019 passed by the DCIT, CPC, Bangalore under Section 143(1) of the Income Umiya Cotton. Ginning and Pressing P. Ltd. vs. DCIT(CPC)] A. Y. 2018-19 - 2- Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2018-19.

2.

Disallowance of deduction of Rs.11,05,728/- under Section 43B of the Act made by the CPC, Bengaluru under Section 143(1) of the Act in respect of GST is the subject matter before us.

3.

Today, at the time of hearing of the instant appeal, the Ld. Counsel appearing for the assessee submitted before us that revised audit report under Section 44AB of the Act in Income Tax Form No. 3CA-3CD has been filed, a photo copy of the acknowledgement receipt of the said Income Tax Form filed on 06.02.2023 has been submitted before us, which is required to be dealt with by the Ld. AO in order to adjudicate the issue. Hence, a prayer made by the representative of the assessee to set aside the issue to the file of the Ld. AO for consideration of the same afresh, which has not been controverted by the Ld. DR with all his fairness.

4.

Having heard the Ld. Counsel appearing for the parties and having regard to the facts and circumstances of the case, we set aside the issue to the file of the Ld. AO for consider the case of the assessee upon considering this particular document of revised audit report under Section 44AB of the Act in Income Tax Form No. 3CA-3CD as mentioned hereinabove or any other evidence which the assessee may choose to file at the time of assessment proceeding before the Ld. AO and to pass order in accordance Umiya Cotton. Ginning and Pressing P. Ltd. vs. DCIT(CPC)] A. Y. 2018-19 - 3- with law. The assessee’s appeal is, thus, disposed of for statistical purposes.

5.

In the result, assessee’s appeal is allowed for statistical purposes.

This Order pronounced on 31/08/2023

Sd/- Sd/- (WASEEM AHMED) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 31/08/2023 S. K. SINHA True Copy आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)- 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. By order/आदेश से,

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