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2012 (10) TMI 707 - AT - Income TaxDisallowance u/s 43B - Amount of service tax billed to clients credited directly to ‘Service tax payable’ A/c under ‘Current Liability’ hence not credited to P&L A/c - Held that:- the amount in question as service tax is covered by the provisions of section 43B. - having neither debited the amount of service tax to the profit and loss account as an expenditure nor having claimed the same as deduction, disallowance u/s. 43B cannot be made. - there is no finding specifically recorded by the AO or by the Ld. CIT (A) regarding the assessee having not debited the service tax to the profit and loss account nor having claimed the same as deduction - Issue remand back to AO. Non deduction of TDS - A revised return was filed by the assessee by making the impugned disallowance u/s. 40(a)(ia) suo motu - Claim was made during the course of the assessment proceedings before the AO - AO however completed the assessment without considering this claim of the assessee - CIT (A) also did not decide the said issue stating that the same was not arising from the order of the self-assessment - Held that:- This issue was raised by the assessee during the course of assessment proceedings and the same was not considered by the AO on merits, the assessee cannot be precluded from raising it in the appeal filed against the order of the AO. Merely because the AO has not considered the issue specifically raised by the assessee during the course of assessment proceedings and has not given any finding or decision thereon, it cannot be said that the said issue is not arising from the order of the assessment. Therefore issue remand back to CIT (A) for consideration Addition on account of difference between ITS details and books - The assessee could reconcile the ITS details except an amount of Rs 1,21,032/- Un-reconciled amount was treated by the AO as unexplained cash credit u/s 68 – Assessee contended that addition cannot be made merely on the basis AIR Information – Held that:- As the AIR (ITS) Data was provided by the AO to the assessee with an opportunity to reconcile the said data with the figures appearing in the books of account. A difference of Rs.1,21,032/- remained finally un-reconciled and such difference representing credit balance was rightly added by the AO. Appeal decides in favour of revenue
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