Held that the Assessee furnished a certificate issued by the statutory tax auditor certifying that he has inadvertently misreported the TDS payments under cl. 26(B) (b) instead of cl. 26(B)(a) of Form No. 3CD and clarified that all the TDS payments were in fact made before the due date of filing of return, the disallowance made under s. 43B is not justified; matter is restored to the jurisdictional AO with a direction to verify the correctness of the assessee’s claim and re-adjudicate the allowability of payments under S. 43B in accordance with law. (AY.2021-22)
Darshit Gunantbhai Shah v. ITO (2025) 237 TTJ 359 / 177 taxmann.com 36 ((Ahd)(Trib)
S.43B: Deductions on actual payment-Payment of TDS inadvertently misreported under cl. 26(B)(b) of From No. 3CD-the matter is restored to the jurisdictional AO with a direction to verify the correctness of the assessee’s claim and re-adjudicate the allowability of payments under S 43B in accordance with law.
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