Latest Income-Tax Details

For Full Access To All Latest Judgments on Income Tax
Click Here To Subscribe Now
Take a tour of our Income-Tax Library

When the figures of purchase shown by the assessee in the profit and loss account are matching with the figures certified by the Sales Tax Department and VAT return filed by the assessee, then no addition can be made on the basis of earlier tentative figure shown by the assessee as per Sales Tax Department.

Shanti Prime Publication Pvt. Ltd.

Sec. 37 of Income Tax Act, 1961 – Business Expenditure – The assessee filed the appeal against the order of CIT(A) before the Tribunal on the ground that the CIT(A) is wholly unjustified and unreasonable to confirm the addition of Rs. 2,25,254/- being the provident fund amount paid via TRL as per arrangement between the assessee, a contractor under the principal TRL. Ld. and the CIT(A) failed to appreciate this simple business practice and ignoring all the evidences produced before him. ITAT opined that “there is no evidence either before authorities below or before the Tribunal to show that as per the instruction of the assessee, the TRL deducted the provident fund from the billing amount of the assessee for further depositing the same to the provident fund department/competent authority”. Therefore, ITAT while allowing the ground of the assessee, restored the issue to the file of AO for limited verification as to whether the TRL has deducted the provident fund from the bill raised by the assessee for further depositing the same to the provident fund authority/competent authority – PABITRA BANERJEE Vs. ITO [2020] 79 ITR (TRIB) 480 (ITAT-CUTTACK)