Case Law Details
Ernst & Young Merchant Vs ACIT (ITAT Mumbai)
Ernst & Young Merchant, involved in corporate advisory and merchant banking services, contested an addition of Rs. 22,37,042/-made under Section 36(1)(va) of the I.T. Act. This was pertaining to the employees’ contribution to the provident fund, where the tax auditor had erroneously reported the payment dates of the fund.
As a result of this error, the Centralized Processing Center (CPC) disallowed the aforementioned amount during the processing of the company’s income return under Section 143(1) of the Act. The tax auditor subsequently issued a revised certificate outlining the correct dates, and the company furnished supporting documents such as challans and bank account statements.
The tribunal deemed it necessary to admit these additional pieces of evidence as they clarified the facts and facilitated the correct application of law. However, these pieces of evidence required further examination, prompting the tribunal to set aside the order passed by the learned CIT(A) and send it back to the Assessing Officer for reconsideration.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
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