Case Law Details
Ajit Kumar Khan Vs DCIT (ITAT Ranchi)
The Income Tax Appellate Tribunal (ITAT) Ranchi recently adjudicated the Ajit Kumar Khan Vs DCIT case, focusing on the addition of late filing fees for GST returns. In its ruling, the ITAT held that these expenses couldn’t be added summarily through an intimation under section 143(1) of the Income Tax Act, 1961.
The Assessing Officer (AO) had made an addition for the late filing fee of GST returns, which was dismissed by the Commissioner of Income Tax (Appeals), stating it to be equivalent to the interest under section 201(1A) of the Act, which isn’t permissible.
However, ITAT Ranchi found the issue to be contentious and noted that the question of whether the late filing fee paid for GST returns can be allowed or not shouldn’t be added summarily in an intimation under section 143(1) of the Act. The tribunal thus overruled the order of the Commissioner and instructed the AO to delete the addition.
FULL TEXT OF THE ORDER OF ITAT RANCHI Please become a Premium member. If you are already a Premium member, login here to access the full content.
