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Case Law Details

Case Name : Ganesh Jagannath Choukse Vs ACIT (ITAT Nagpur)
Appeal Number : ITA No. 327/NAG/2017
Date of Judgement/Order : 10/06/2022
Related Assessment Year : 2012-13
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Ganesh Jagannath Choukse Vs ACIT (ITAT Nagpur)

This appeal is filed by the Assessee against the order of Learned Commissioner of Income Tax (Appeals)-1, Nagpur, [“Ld. CIT(A)”, for short], dated 29/05/2017 for Assessment Year 2012-13.

2. The brief facts of the case are that the Assessee has filed return on, 15.05.2013 declaring income of Rs.15,83,910/-. During the course of assessment proceedings, the AO has noticed that, the Assessee has debited sales tax (VAT) of Rs.3,84,986/- to his P&L Account. As per the AO, the appellant has failed to pay the same amount on or before the due date for furnishing of his return for the previous year. Therefore, disallowance of Rs.3,84,986/- has been made u/s 43B of the Act. The AO has also initiated penalty proceedings 271(1)(c) of the I.T. Act for furnishing of inaccurate particulars of income by the appellant.

3. Aggrieved by the order dated 24.07.2015 passed u/s 271(1)(c) of the Act, the Assessee has preferred the appeal before the Ld. CIT(A) and the Ld. CIT(A) vide order dated 29.05.2017 dismissed the appeal by confirming the penalty order passed u/s 271(1)(c) of the Act.

4. Aggrieved by the same, the Assessee has preferred the present appeal on the following ground:

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