TMI Blog2011 (10) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... rieved by the order of the CIT(A), the department is in appeal before us. The learned departmental representative Shri T. Diwakar Prasad submitted that the CIT ought to have held that some of ₹ 50,86,707/- should be brought to tax for the assessment year 2003-04 and not in the assessment year 2004-05 since it is for the assessee to prove that it has been admitted in the assessment year 2004-05. The learned counsel for the assessee further submitted that the CIT(A) is not correct in holding that credit for TDS for ₹ 1,10,760/- is to be allowed to the assessee. 3. The counsel for the assessee Shri C.N. Prasad submitted a copy of the order u/s 143(3) r.w.s. 147 of the Act for the assessment year 2004-05 and contended that a sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In Rs. 7-5-2002 80,00,000 1,68,000 2.10% 05-08-2002 2,98,50,000 6,26,850 2.10% 04-02-2003 5,51,00,000 11,57,100 2.10% 07-04-2003 1,20,50,000 2,53,050 2.10% TV 12-04-2003 2,40,00,000 5,04,000 2.10% 30-04-2003 14,43,61,000 30,31,581 2.10% Totals 27,33,61,000 57,40,581 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terprises Ltd. in the books of the assessee company concerned expenses accounts have been credited and the account of M/s Ushodaya Enterprises Ltd. has been debited by ₹ 52,74,493/-. 6.3. The balance to be considered amounts to ₹ 50,86,707/- It is claimed by the assessee that the outstanding balance in the account of M/s Ushodaya Enterprises Ltd., is ₹ 49,79,886/- represents advance subscription charges received and the balance ₹ 1,06,821/- represents TDS thereon. However, the income admitted in the assessment year 2004-05 and TDS certificates in relation to that assessment year show that the receipts as per TDS certificates filed amounting to ₹ 29,64,19,913/- have been admitted as income, the breakup of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Authorized Representative for the assessee submitted before the CIT(A) as follows: In this regard the CIT(A) raised a query as to why M/s Ushodaya Enterprises P Ltd., deducted tax at source even on the advance given by it. The assessee wishes to submit that Ushodaya Enterprises P Ltd., is under an obligation u/s 194C to deduct tax at source at the time of payment or at the time of crediting the amount to the contractee s account whichever is earlier. Therefore, Ushodaya Enterprises P Ltd. deducted tax at source from every payment made to the assessee, which was prior to the date of credit of such amount to the assessee s account, which was in accordance with stipulation under the said provision. M/s Ushodaya Enterprises P Ltd., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, the Assessing Officer has made an observation that the advance of ₹ 50,86,707/- has not been shown as income in the assessment year 2004-05. The assessee has stated that income relating to the aforementioned advances is shown against various bills and is covered under the head subscription revenue in assessment year 2004-05. In this regard, the Assessing Officer may reopen the assessment for the assessment year 2004-05, if he finds that the amount has not been admitted as income in that year . 9. From the reading of the Appellate order we find CIT(A) has stated that the assessing officer may reopen the assessment for the assessment year 2004-05 if he finds that the amount has not been admitted as income in that order we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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