Shree Umiya Cotton Ginning and Pressing P. Ltd., Amreli V. The DCIT(CPC), Bengaluru

ITA 188/RJT/2022

AI Insights

The case involves Shree Umiya Cotton Ginning and Pressing P. Ltd., the appellant, contesting an order from the National Faceless Appeal Centre (NFAC), Delhi, which arose from an assessment order by the DCIT, CPC, Bangalore. The dispute centered on the disallowance of a deduction of Rs. 11,05,728 under Section 43B of the Income Tax Act, 1961, concerning GST. The appellant submitted a revised audit report as part of their appeal, which they argued should be considered by the AO. The Tribunal found merit in the appellant's request to have the matter re-evaluated by the AO with the new evidence provided.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 299784 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 30-08-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 13-06-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: ASHISH KUMAR PANDEY
• Keywords: Set aside
• Section: 43B; 143(1); 44AB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “RAJKOT” BENCH, RAJKOT [Conducted through E-Court at Ahmedabad] BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & Ms. MADHUMITA ROY, JUDICIAL MEMBER आयकर अपील सं./ I. T. A. No. 188 /Rjt/202 2 ( नधा रण वष / A ss es sment Year : 2018-19) Sh r ee U m iy a C o t t o n Gi n n in g a n d Pr es s in g P . L t d. K u nk ava v R o ad , A m re li बनाम/ Vs . T h e D C I T ( CP C ) B e ng a lu r u थायी लेखा सं./जीआइआर सं./P A N / G I R N o . : A A MC S 4 3 4 9 F (अपीलाथ /Appellant) . . ( यथ / Respondent) अपीलाथ ओर से /Appellant by : Shri D. M. Rindani, A.R. यथ क ओर से / Respondent by : Shri Ashish Kumar Pandey, Sr.D.R. स ु नवाई क तार ख / D a t e o f H e a r i ng 31/08/2023 घोषणा क तार ख /D a t e o f P ro n o u nc e me n t 31/08/2023 O R D E R PER Ms. MADHUMITA ROY - JM: 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 ITA No. 188/Rjt/2022 [Shree 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 ITA No. 188/Rjt/2022 [Shree 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 आय ु 'त / Concerned CIT 4. आयकर आय ु 'त(अपील) / The CIT(A)- 5. *वभागीय -त-न%ध, आयकर अपील य अ%धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड3 फाईल / Guard file. By order/आदेश से, D e p u t y / A s s t t . R e g i s t r a r I T A T , R a j k o t