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2014 (10) TMI 711 - AT - Income TaxSuppressed income - undisclosed income towards collection of amount of service tax on taxable services Held that:- The AO has made addition as regards the difference between the sum credited in the P&L account on account of commission received from M/s. PCPL and as per confirmation received from M/s. PCPL - The bill clearly shows that the amount of bill was ₹ 1,08,36,000/- and service tax component was ₹ 13,39,330/- and the total of the bill thus comes to ₹ 1,21,75,330 - This bill was also before the AO - AO clearly failed to appreciate the reason of the difference noted by him - the difference was on account of service tax is also supported by the service tax return and tax payment challan accepted by the CIT(A) there was no infirmity in the order of the CIT(A) Decided against revenue. Commission received from Platinum Hospitality Pvt. Ltd & Astek Infracom Ltd. Undisclosed income deleted Held that:- Regarding the commission payment to M/s. AIL, the addition was solely on the basis of initial confirmation issued by M/s. Quantium Agencies Ltd. - CIT(A) observed that before the addition, it was necessary for the AO to ascertain the true and correct facts - The CIT(A) has noted that there was no material available in assessment record regarding the existence of M/s. Astek Infracom Ltd (M/s. AIL) - The initial confirmation of M/s. Quantium Agencies Ltd was later on explained by them as a clerical mistake as services were rendered in connection with M/s. PHSPL the order of the CIT(A) is upheld that there is no evidence on record that the assessee has rendered services in connection with arranging of bank loan to M/s. AIL Decided against revenue.
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