9911796707
TMI Blog2021 (10) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of the case, in brief, are that the assessee is a Private Limited Company engaged in the business of manufacturing of PVC pipes and trading of PVC resin and CPE and other products. It filed its return of income declaring total income of Rs. 24,92,370/- on 31.10.2018. The DCIT, CPC, Bangalore in the intimation under section 143[1] of the I.T. Act, 1961 vide order dated 13.11.2019 determined the total income of the assessee at Rs. 33,40,680/- wherein he made addition of Rs. 8,48,310/- which includes delayed payment of employees' contribution to PF and ESI of Rs. 61,539/-, disallowance under section 43(b) at Rs. 1,82,543/- and difference in income/receipt at Rs. 6,04,227/-. 3.1. Aggrieved by the order of the DCIT, CPC, Bangalore, the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following grounds : 1. The Ld CIT(A) has erred in upholding addition of Rs. 1,82,543/- u/s 43B of IT Act ignoring the fact that the above figure has been reported under wrong column of Form 3CD and the above statutory dues were duly paid before the date of filling of return of income prescribed u/s 139(1) of IT Act. 2. The appellant craves leave to add, delete, modify / amend the above grounds of appeal with the permission of the Hon'ble appellate authority." 5. On Ground No.1, the Learned Counsel for the Assessee submitted that the Tax Auditor in his report under section 43B in Item No.26 has wrongly mentioned that the following items which are incorporated in previous year were not paid on or before the aforesaid date. The Learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r before the due date of furnishing of return of income of the previous year under section 139(1) of I.T. Act". This fact of reporting the information in incorrect head can be verified from perusal of the ledger account of the amounts payable shown in the balance sheet under the head and the ledger account of the above item in the next financial year in which amounts have been paid before the due date of filling of return supported with the payments challans. 5.2. He accordingly submitted that the adjustment of Rs. 1,82,543/- is as a result of reporting of 43B payments under wrong Heads although such reporting clearly shows that it is a clerical mistake committed by the Tax Auditor which could be rectified under section 154 being mistake a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t apply and deemed to never have been applied for the purpose of determining the due date of payment of employees' contribution to PF & ESI. He accordingly submitted that the grounds raised by the assessee should be dismissed. 7. After hearing both the sides, I find the adjustment of Rs. 1,82,543/- under section 43B(b) was made by the CPC on account of belated payment of PF and ESI payment of Bonus and GST. It is the submission of the Learned Counsel for the Assessee that the above payments were made before the due dates as prescribed under the respective Act and due to a clerical mistake in the reporting by the Auditor's the same was disallowed. Since the Ld. CIT(A) has sustained the addition merely based on the report of the Auditor, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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