TMI Blog2021 (9) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue that when the assessee has offered as part of turnover. If the A.O. found that the it has been offered as turnover in subsequent year, there will be no disallowance. If it is found, otherwise, the A.O. can decide the issue as per law after providing reasonable opportunity of being heard to the assessee in the matter. The assessee is directed to substantiate its claim by way documentary evidence and proper explanation. Appeal allowed for statistical purposes. - ITA Nos. 1974/H/2018 & C.O. No. 3/Hyd/2019 - - - Dated:- 23-8-2021 - Satbeer Singh Godara, Member (J) And Laxmi Prasad Sahu, Member (A) For the Appellant : M. Narmada For the Respondents : Sanjay Mutha ORDER Per L P Sahu , AM This appeal filed by the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f with respect to ₹ 1,10,853/- being amount received from the assessee's sister enterprise being in the nature of a running account. d. Any other ground as may be pleaded. 2.1. We notice at the outset that assessee's instant C.O. suffers from 48 days delay in filing. To this effect, the assessee filed an affidavit wherein it was affirmed that due to certain medical exigencies in the family (copies of the hospital reports have been filed on record) caused the impugned delay in filing of the instant appeal. Case law Collector Land Acquisition vs. Mst. Katiji Ors., 1987 AIR 1353 (SC) and University of Delhi Vs. Union of India, Civil Appeal No. 9488 9489/2019 dated 17 December, 2019, hold that such a delay; supported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclusively proved that the receipts were mobilization advances and the other papers/confirmation filed by the assessee did not serve the purpose. He, therefore, treated the difference in receipts of ₹ 2,79,32,398/- as business income of the assessee and brought the same to tax. 4. Aggrieved by the order of AO, the assessee preferred an appeal before the CIT(A). 5. The CIT(A) after considering the submissions of the assessee and the statements submitted by the before him, which were extracted in his order, namely, i) Reconciliation of 26AS with turnover and remarks, ii) service turnover reconciliation for the A.Y. 2013-14 and statement of advances from customers along with corresponding work in progress/stock at customer site as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected in the balance sheet, the appellant has not proved the basis of the advances outstanding to the extent of ₹ 1808461/- in the books and not accounted for the same as turnover, therefore the same needs to be taxed as income accordingly and the corresponding TDS to the extent of the same may be allowed accordingly. The advances of ₹ 1,29,07,480/- received in February, 2014 from GMA is considered as mobilization advance and not part of turnover for the current year, similarly the sum of ₹ 3,76,19,027/- being duly reflected by the corresponding WIP and stock in the P L account, is to be taxed once, the due sale bill is raised and recognized accordingly after giving due deduction of the corresponding WIP, stock and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts turnover' which is subjected to TDS only to the extent of ₹ 10,52,35,555 (Service AMC ₹ 5,07,80,117 + Services projects ₹ 4,87,82,036 + Trading services ₹ 56,73,402) Against claim made by the assessee company in reconciliation statement filed before department (page 10 of department paper book) that ₹ 12,56,93,769/- has been admitted. This discrepancy was not noticed by CIT(A) as submissions of company have been accepted without cross verifying with accounts of company. 8. The ld. AR, on the other hand, relied on the order of CIT(A) and submitted that the mobilization advance has been offered as income when it was adjusted with the gross contract receipts in subsequent year. 9. We have consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
