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2014 (7) TMI 336 - AT - Income TaxAddition u/s 69C – addition on the ground that assessee deducted TDS on higher value and issued TDS certificate for higher amount - assessee did not claim the whole expenditure during the year as deduction as part of the expenses was reversed - Held that:- merely because the TDS was deducted at a higher amount and paid to the credit of the Central Government is not a ground to make the addition in the hands of the assessee company without any basis - The only reason advanced by the AO while making the addition was that TDS has been deducted and has also been paid to the Government Account, thus, income on account of repairing of ₹ 10,20,000/- has arisen to the company which has not been shown correctly. The Tribunal in the hand of the recipient of the amount on account of repairing charges has held that there was bonafide mistake committed by the assessee in the books of account which was rectifiable at any point of time - the assessee company M/s. Silicon Computech Private Limited has rectified the same and passed necessary entries in the books of account and hence there was no justification for making any addition on this ground - M/s Silicon Computech Private Limited has paid correct amount of repairing charges - the addition u/s 69C made in the hands of the assessee on account of unexplained expenditure under the head repairing expenses by lower authorities was not justified - the addition of ₹ 5,95,000 is set aside – Decided partly in favour of Assessee.
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