Held that to establish the fraud, the assessee filed a complaint against the tax auditor and produced the copies of first information report and the Crime Investigation Department report before the Commissioner (Appeals). All the factual aspects required consideration by the authorities. Therefore, in the interest of justice the order was to be set aside and the issue restored to the Assessing Officer for verification of the facts in respect of entitlement of the assessee to claim deduction of the amount said to have been misappropriated by the value added tax consultants.(AY.2015-16)
Rudra Industries v. ITO (2023)108 ITR 33 (SN)(Hyd) (Trib)
S. 37(1) : Business expenditure-Value added tax and central sales tax-Sums not shown to have been paid into Government treasure -Claiming fraud committed by agent-Complaint filed against tax Auditor and copies of first information report and crime investigation department report produced before Commissioner (Appeals) —Matter remanded to the Assessing Officer for verification.