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| The Tax Publishers2021 TaxPub(DT) 4772 (Del-Trib) INCOME TAX ACT, 1961
Section 143(3)
Where AO made addition on account of differences on the gross receipts as shown in 26AS in comparison to the return of income declared by assessee and assessee disputed amount pertaining to any of the bills raised by assessee, then a proper enquiry ought to have been conducted by the AO to verify this fact. The assessee had expressed its inability to force other party to rectify TDS statement and consequently 26AS. Therefore, in the facts and circumstances of case, issue was set aside to AO for conducting proper enquiry by calling upon necessary information from TCE and then decide the issue.
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Assessment - Addition to income - AO made addition on account of differences on gross receipts as shown in 26AS in comparison to the return of income declared by assessee -
AO made addition on account of differences on the gross receipts as shown in 26AS in comparison to the return of income declared by assessee. This differential amount of Rs. 8,20,480 was shown in 26AS receipt from the deductor, Tata Consulting Engineers Ltd. Assessee had been contending right from the beginning that this amount didnot pertain to any of the bills riased by assessee to TCE, but it was mistakenly reported in 26AS. Held: Once assessee disputed amount pertaining to any of the bills raised by assessee, then a proper enquiry ought to have been conducted by the AO to verify this fact. The assessee had expressed its inability to force other party to rectify TDS statement and consequently 26AS. Therefore, in the facts and circumstances of case, issue was set aside to AO for conducting proper enquiry by calling upon necessary information from TCE and then decide the issue.
REFERRED :
FAVOUR : Matter remanded.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 36(1)(va), 43B Expln. 2
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