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TMI Blog2023 (4) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... ed all the relevant details which have been noted by the Tribunal - there is another question with regard to the details of expenses head-wise, where assessee had deducted tax at source. Tribunal on going through the assessment records found that the questionnaire on the issues raised by the assessing officer called for the details of expenses appearing in the audited P L Account and various replies filed by the assessee and the Tribunal found that the assessing officer has specifically carried out an enquiry regarding provisions for doubtful debts and air-conditioner expenses and the specific reply given by the assessee was also taken note of. Provisions for doubtful debts - Tribunal noted that the assessee during the regular course ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdictional High Court which held the field, at the relevant point of time, the assessment cannot be held to be prejudicial to the interest of revenue. Decided in favour of assessee. - ITAT/49/2023 IA NO: GA/1/2023, GA/2/2023 - - - Dated:- 31-3-2023 - THE HON BLE T.S. SIVAGNANAM ACTING CHIEF JUSTICE And THE HON BLE JUSTICE HIRANMAY BHATTACHARYYA Mr. Prithu Dudhoria, Adv. for appellant Mr. Pratyush Jhunjhunwala, Adv. Mr. Mrigank Kejriwal, Adv. for respondent ORDER The Court : - We have heard Mr. Prithu Dudhoria, learned Standing Counsel for the appellant and Mr. Pratyush Jhunjhunwala, learned Advocate appearing for the respondent/assessee. There is a delay of 64 days in filing the appeal. We have perused the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 is not an allowable expense if the contribution deposited beyond the due date of next month in the light of the judgment of the Hon ble Supreme Court in Civil Appeal No. 2833 of 2016 in the case of Chekmate Services P. Ltd. Vs.CIT ? The first issue to be considered in the instant case is whether the Principal Commissioner of Income Tax was justified in invoking his jurisdiction under Section 263 of the Act. The assessment under Section 143(3) of the Act was completed by order dated 19.11.2019. The PCIT initiated proceedings under Section 263 of the Act stating that the provisions for doubtful debts amounting to Rs.1,05,24,671/- was not disallowed at the time of assessment since provision for expenses is not allowable under Section 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessing officer had issued notice under section 142(1) on 1st of May, 2019 and issued a questionnaire form and the assessee had submitted all the relevant details which have been noted by the Tribunal. Further, there is another question with regard to the details of expenses head-wise, where assessee had deducted tax at source. The Tribunal on going through the assessment records found that the questionnaire on the issues raised by the assessing officer called for the details of expenses appearing in the audited P L Account and various replies filed by the assessee and the Tribunal found that the assessing officer has specifically carried out an enquiry regarding provisions for doubtful debts and air-conditioner expenses and the speci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laid down by the jurisdictional High Court, namely this Court is in the case of Commissioner of Income Tax Circle 1, Kolkata Vs. Vijay Shree Ltd. [2014] 43 taxmann.com 396 (Calcutta). Thus the assessing officer had followed the decision of this Court in the said case and had completed the assessment. Thus the assessing officer having followed the decision of the Jurisdictional High Court which held the field, at the relevant point of time, the assessment cannot be held to be prejudicial to the interest of revenue. Thus, we are of the view that the learned Tribunal had rightly granted relief to the respondent/assessee. In the result, the appeal fails and is dismissed. The substantial questions of law are answered against the revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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