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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