2023 (5) TMI 911 - AT - Income Tax

Addition u/s 43B - Disallowance in the intimation issued u/s 143(1) - unpaid tax liability on account of GST as disallowed by the Auditor in form 3CD u/s 43B - HELD THAT:- Admittedly, the assessee did not file the Audited Financial statement before the Ld.CIT(A). Undisputed fact is this that the assessee has furnished the necessary item of profit & loss account in the return filed online along with the tax audit report. However, based on tax audit report, the disallowance was made under the provision of section 143(1) of the Act.

CIT(A), before rejecting the claim of the assessee should have referred the details furnished by the assessee in the income tax return before reaching to the conclusion that there was no detailed furnished by the assessee whether the amount of GST was routed through P & L account - in the interest of justice and fair play, we are inclined to give one more opportunity to the assessee to furnish the necessary details - matter is set aside to the file of the AO for fresh adjudication as per the provision of law. Decided in favour of assessee for the statistical purposes.