9911796707
TMI Blog2024 (11) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... ntime, CIT (A) has adjudicated the issue based on the information available on record. Basically, he has accepted the fact that GST amount was not to be added in the hands of the assessee. However, he proceeded to sustain the addition to the extent of non-payment of GST u/s 43B. However, this is not the issue contested by the assessee before the CIT(A). Leaving that as it may, the grievance raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee submitted that the appeal preferred by the assessee before the ld. CIT (A) against the intimation order passed under section 143 (1) of the Income-tax Act, 1961 (for short the Act ). He submitted that the assessee is following a method of net revenue in its financial statement i.e. assessee records net sales as its revenue (gross sales minus GST). The same was disclosed in the audit rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee failed to intimate the same to ld. CIT (A) and also failed to withdraw the appeal considering the fact that there is no grievance left to the assessee. 4. In the meantime, ld. CIT (A)has passed the impugned order dated 23.02.2024 by allowing the GST amount to the extent of input tax credit of Rs. 77,91,27,154/- and sustained the addition of Rs. 21,26,77,723/- as not paid after duly collec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee was already addressed by the CPC by rectifying the mistake apparent on record u/s 154 of the Act. Against the original intimation order u/s 143 (1) of the Act, assessee has preferred an appeal before the ld. CIT (A) and once the grievance of the assessee is already addressed by the CPC by rectifying the same u/s 154 of the Act, the appeal filed before first appellate authority becomes infru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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