Turnover u/s 145A - Determination of turnover declared by the ...

Excise duty inclusion in turnover u/s 145A differs from rate determination based on turnover. Debatable issue can't be resolved via 143(1) intimation.

Case Laws     Income Tax

July 29, 2024

Turnover u/s 145A - Determination of turnover declared by the assessee, whether it should be inclusive of excise duty or not. Taxability of income at a higher tax slab of 30% despite turnover not exceeding INR 250 Crores. Whether such adjustment can be raised by the CPC in the intimation while processing the return of income u/s 143(1) of the Act to find the rate of tax in pursuance to First schedule of Finance (No. 2) Act 2019. Held that the purpose of including excise duty in turnover u/s 145A was different from determining the rate of tax based on turnover. The meaning of turnover u/s 145A cannot be adopted for determining the rate of tax. The issue of including or excluding excise duty from turnover for determining the tax rate is debatable and cannot be resolved in the intimation processed u/s 143(1). The adjustment made by the revenue while processing the return u/s 143(1) is not sustainable being an issue of debatable nature. The finding of the CIT(A) is set aside, and the AO is directed to delete the addition made. The ground of appeal of the assessee is allowed.

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