Vinayak Hanumantrao Ghorpade Vs Vaishnavi Satish Bankar (ITAT Pune)
ITAT Pune held that disallowance of interest paid on housing loan is upheld since assessee has failed to provide documentary evidence like loan sanction letter or bank certificate. Accordingly, ground raised by assessee is dismissed.
Facts- Assessee had filed Original Return of Income on 31.10.2019 declaring total income of Rs.38,22,450/-. It is mentioned in the assessment order that there was a search action u/s.132 in the case of the Assessee on 14.11.2019, accordingly, AO issued notice u/s.153A of the Act, dated 04.01.2021. Assessee filed Return of Income in response to notice u/s.153A on 26.08.2021 declaring total income at Rs.38,22,450/-. It is also mentioned in the assessment order that notice u/s.143(2) was issued on 08.09.2021. It is mentioned in the assessment order that hearing was scheduled on 17.08.2021 and 13.09.2021. AO passed Assessment Order u/s.153A of the Act r.w.s 144 of the Act on 23.09.2021 assessing the total income at Rs.1,57,56,610/-.
CIT(A) called for remand report from AO. Being aggrieved by the order of CIT(A), the present appeal is filed by the assessee.
Conclusion- With regard to disallowance of GST payable under section 43B of the Act it is held that it is important to understand that the Chart which ld.CIT(A) has prepared based on Form GSTR-3B, shows that apparently Assessee had paid the GST Amount on the dates mentioned in the Chart. As per Section 43B of the Act, if the amount is paid before filing Return of Income, then it is an allowable deduction. In these facts and circumstances of the case, we direct ld.Assessing Officer to verify whether the impugned amount was paid before filing the Return of Income or Not! If required, the Assessing Officer may collect the said information from GST Office.
