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2014 (1) TMI 1308 - ITAT DELHIDeletion made on account of difference in receipts – Variation in value as per TDS certificates and receipts and receipts shown in P&L account – Held that:- It depends upon the factual finding as to what is the correct amount of receipt of the assessee - the assessee's customer M/s Protonics Systems India Pvt. Ltd. has raised a debit note and has also given a confirmation letter of the turnover, along with particulars of its PAN No. Income-tax assessment details etc. - The AO has not conducted any verification or inquiry, on these documents - There is no finding that these evidences are false or incorrect - the discrepancy was a bonafide error which is not attributable to the assessee – Decided against Revenue. Reasoning of the AO ignored - Held that:- The assessee has produced documents to demonstrate that it had wrongful taken input credit for the earlier periods - This fact was pointed out by the audit party - On coming to know of this wrong credit, the assessee made the payment during the current financial year – the order of the CIT (A) upheld that the actual payment of Excise Duty is allowable during the year – Decided against Revenue.
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