Case Law Details
Lake View Hospitality Vs DCIT (ITAT Mumbai)
As per the provision of section 43B of the Act, any sum payable by the assessee by way of tax, duty, cess or fee shall be allowable in computing the income of that previous year in which such sum is actually paid by the assessee. In the present case, as per the assessee, VAT liability was duly paid by the assessee before the due date of filing return u/s 139 (1) of the Act for the relevant assessment year. In support of its submission, the assessee has filed by way of additional evidence sample copy of challans as well as statement showing details of payment of VAT liability. In view of the submissions made by the learned AR, the additional evidences so filed by the assessee are admitted. Further, as these details could not be examined by the lower authorities, therefore, we deem it appropriate to remand this issue to the file of jurisdictional Assessing Officer for de novo adjudication, after necessary verification of the details filed by the assessee. We further direct that if upon verification it is found that the VAT liability was paid by the assessee before the due date of filing return under section 139(1) of the Act, then to that extent relief be granted to the assessee under section 43B of the Act. As a result, grounds raised by the assessee in present appeal are allowed for statistical purpose.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
The present appeal has been filed by the assessee challenging the impugned order dated 09/12/2021 passed under section 250 of the Income Tax Act, 1961 (‘the Act’) by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [‘learned CIT(A)’], for the assessment year 2017–18.
2. In its appeal, assessee has raised following grounds:
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