2022 (4) TMI 1320 - AT - Income Tax

Rectification u/s 154 - Addition by invoking Sec 43B in respect of Service tax which has never been debited to profit and loss account - three amounts were incurred in the previous year but were not paid before the due date of submission of return of income - HELD THAT - Since for two amounts the assessee itself had added back such expenditure to its income and this fact was available with the CPC through computation of income, therefore, the finding of CPC and learned CIT(A) that these amounts were not mistake apparent from the record is not correct. As regards the amount of service tax which has been mentioned in the audit report as not paid before the due date of furnishing of return of income. We find that the auditor had mentioned that this amount was not routed through the profit loss account and therefore, in my opinion this amount was not required to be added u/s 43B - CIT(A) has simply not allowed the appeal of the assessee by holding that section 143(1)(a)(iv) provides that disallowance of expenditure can be made as indicated in the audit report as CPC while processing u/s 143(1) must have captured the data from the audit report filed by the assessee. CIT(A) has further recorded a finding that such amount was debited to the profit loss account which fact is partly correct and partly incorrect. The assessee itself in the computation of income had added back two amounts which were required to be added u/s 43B of the Act and the third item was not required to be added u/s 43B as the same was not routed through profit loss account. All these facts were available with the CPC and learned CIT(A) therefore, this is a mistake apparent from the record which is rectifiable u/s 154 of the Act and keeping in view these facts, reverse the order of learned CIT(A) and delete the addition. - Decided in favour of assessee.

Summary

Issues:
1. Disallowance under section 43B of the Income Tax Act.
2. Rectification application under section 154 of the Act.
3. Mistake apparent from record in computation of income.

Analysis:

Issue 1: Disallowance under section 43B of the Income Tax Act
The appeal was filed against the order of the CIT(A) regarding disallowances made under section 43B for the assessment year 2017-2018. The assessee contended that the disallowances were not justified as certain amounts were not routed through the profit and loss account. The auditor had reported disallowances under section 43B in the audit report, specifying items like interest on service tax, service tax, and EPF. The assessee had added back certain amounts to its income as per the audit report. However, the CPC added back the entire amount as disallowance under section 43B. The tribunal observed that the disallowance of the service tax amount, which was not routed through the profit and loss account, was not justified under section 43B. The tribunal concluded that the disallowances made were not in line with the facts available in the audit report and computation of income. Therefore, the tribunal allowed the appeal and deleted the addition made under section 43B.

Issue 2: Rectification application under section 154 of the Act
The assessee had filed a rectification application under section 154 of the Act to correct the alleged mistake in the disallowances made under section 43B. The CPC and the CIT(A) had rejected the rectification application, stating that there was no mistake apparent from the record. However, the tribunal found that the facts regarding the disallowances were clearly mentioned in the audit report and computation of income submitted by the assessee. The tribunal held that the disallowances made were based on incorrect interpretation of the facts available in the records. Therefore, the tribunal reversed the order of the CIT(A) and allowed the rectification application, deleting the addition made under section 43B.

Issue 3: Mistake apparent from record in computation of income
The tribunal found that the disallowances made under section 43B were based on incorrect interpretation of the facts available in the audit report and computation of income. The tribunal noted that the CPC and the CIT(A) had failed to consider the complete facts available in the records, leading to an erroneous addition under section 43B. The tribunal concluded that the disallowances made were not justified as the amounts in question were not required to be added back to the income under section 43B. Therefore, the tribunal allowed the appeal and deleted the addition made under section 43B, emphasizing the need for a correct interpretation of the facts available in the records.

In conclusion, the tribunal allowed the appeal of the assessee, emphasizing the importance of a thorough analysis of the facts and correct interpretation of the provisions of the Income Tax Act to avoid erroneous disallowances under section 43B.