TMI Blog2023 (5) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee 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. - ITA Nos. 38 And 39/Rjt/2023 - - - Dated:- 19-5-2023 - Shri Waseem Ahmed, Accountant Member And Shri T.R Senthil Kumar, Judicial Member For the Assessee : Shri Vipul Khandhar, A.R For the Revenue : Shri S.S Rathi, Sr.D.R ORDER PER WASEEM AHMED, ACCOUNTAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, the same was disallowed in the intimation generated u/s 143(1) of the Act. 5. Aggrieved assessee carried the matter before the Ld.CIT(A). The assessee before the Ld.CIT(A), submitted that the liability on account of GST was not passed through the profit loss account but the same was routed through balance sheet. According to the assessee, the deduction on account of GST was not claim in the profit loss account. Therefore, the same could not be disallowed in the return processed u/s 143(1) of the Act. 5.1 Without prejudice to the above, the assessee also submitted that the amount of GST was deposited in the next Financial Year, therefore the same should be allowed as deduction in the next year if any addition is sustained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re us. 7. The learned AR before us filed a paper book running from pages 1 to 74 and reiterated the arguments as made before the Ld.CIT(A). 8. On the other hand, the Ld. DR vehemently supported the order of the authorities below. 9. We have heard the rival contentions of both the parties and perused the materials available on record. From the preceding discussion, we note that there was unpaid tax liability on account of GST amounting to Rs. 12,72,305/- which was disallowed by the Auditor in form 3CD under the provision of section 43B of the Act. Based on the Audit report, the same was also disallowed in the intimation generated u/s 143(1) of the Act. The Ld.CIT(A), also confirmed such addition on the reasoning that assessee has no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the result, the appeal filed by the assessee is allowed for the statistical purposes. Coming to ITA No. 39/Rjt/2023 by the assessee for A.Y. 2020-21 10. At the outset, we note that the issue raised by the assessee in its grounds of appeal for the AY 2020-21 is identical to the issue raised by the assessee in ITA No. 38/Rjt/2023 for the assessment year 2018-19. Therefore, the findings given in ITA No. 38/Rjt/2023 shall also be applicable for the assessment year 2020-21. The appeal of the assessee for the A.Y. 2018-19 has been decided by us vide paragraph No. 9 of this order for the statistical purposes. The learned AR and the DR also agreed that whatever will be the findings for the assessment year 2018- 19 shall also be applied ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
