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2016 (2) TMI 745 - ITAT KOLKATAReceipt from trial run of berth hire charges - whether treated as business income - Held that:- In the instant case the income generated during trial run is very much connected with the business of the assessee hence the question of recognizing the income does not arise as the commercial operation has not began. In view of above we reverse the order of the ld. CIT(A) - Decided in favour of assessee Addition on the basis of TDS certificate - Work in progress - Held that:- AO has found out that the assessee has understated his income on basis of the discrepancy noticed in the TDS certificate. On the other hand the ld. AR submitted that the assessee has taken advance from the party during the year against which the amount of work in progress was shown in the balance sheet of the assessee. The ld. AR further submitted that such work in progress has been offered to tax in the subsequent year. The ld. AR has submitted the financial statement of the subsequent year of the assessee in support of his claim. Now the question before us is to check whether the income of the assessee has been offered to tax or not. So for this purpose we are restoring the file to the AO with the direction to check whether the income of the assessee has been disclosed in the subsequent year or not. If yes then delete the addition made by the assessee. - Decided in favour of assessee for statistical purposes.
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