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Mismatch in Audit & ITR Columns – Tribunal Restores 43B Addition to AO

Case Law Details

TaxGuru Citation
2025 taxguru.in 7999
Case Name
Vipul Medcorp Insurance Vs ACIT (ITAT Delhi)
Appeal Number
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Date of Judgement/Order
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Related Assessment Year
2018-19
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Vipul Medcorp Insurance Vs ACIT (ITAT Delhi)

Mismatch in Audit & ITR Columns – Tribunal Restores 43B Addition to AO- ITAT Delhi Restores CPC Additions on Gratuity & 43B Disallowance for Fresh Verification

Background

  • Assessee filed ROI (24.10.2018) declaring ₹4.96 Cr.
  • Processed u/s 143(1) by CPC on 02.11.2019 → income enhanced to ₹6.48 Cr. by adding ₹1.52 Cr.:

Gratuity disallowance u/s 40A(7): ₹16.53 lakh.

Mismatch in 43B disallowance: ₹22.32 lakh.

Employee contributions u/s 36(1)(va): ₹1.13 Cr.

  • CIT(A) confirmed all additions.

Assessee’s Arguments

  • Gratuity disallowance of ₹16.53 lakh already disallowed in ROI; CPC made double disallowance based on mismatch in Tax Audit vs ITR columns.
  • For ₹22.32 lakh (bonus + gratuity payments), assessee claimed payments were duly made and correctly reported in ITR, though CPC picked mismatch from audit report.
  • Filed ledger, balance sheet & ITR extracts before ITAT to support claim.

Tribunal’s Observations/ Decision

  • CPC while processing return mechanically disallowed amounts without reconciling audit & ITR reporting.
  • Assessee furnished documentary evidence to show disallowances were already made in ROI.
  • In such cases, matter requires fresh verification by AO.
  • Issues on ₹16.53 lakh gratuity & ₹22.32 lakh 43B mismatch remanded back to AO for de novo adjudication.
  • AO directed to grant opportunity of hearing & consider evidences afresh.
  • Ground on s.36(1)(va) disallowance not pressed → dismissed.
  • Appeal partly allowed for statistical purposes.

FULL TEXT OF THE ORDER OF ITAT DELHI

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,673

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