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2015 (2) TMI 771 - HC - Income TaxAddition made under the head 'income of Electro Medical Maintenance Centre' - Tribunal restored the addition made by the Assessing Officer as assessee had agreed for the inclusion of income - Held that:- As the assessee has now produced the assessment order for the assessment year 1998-99 wherein the assessee had offered the amount of ₹ 4,61,642/- as income and was assessed accordingly, issue remanded back to the Assessing Officer to verify and pass appropriate orders. - Decided in favour of assessee for statistical purposes. Addition made under the head 'service charges received' - Tribunal restored the addition as he assessee was following mercantile system of accounting and the service charges that had accrued and received by the assessee for the relevant year should be added to income - Held that:- As the sum of ₹ 29,39,092/-, which is part of ₹ 24,08,748/-, which was omitted to be included in the return of income dated 16.11.1997, was offered as income in the assessment year 1997-98 by the assessee, issue remanded back to the Assessing Officer to verify and pass appropriate orders. - Decided in favour of assessee for statistical purposes. Addition made in respect of deposits in the current account in the Indian Overseas Bank - Tribunal restored the addition as the said income had not been offered as income in the original return as well as in the revised return - Held that:- addition of ₹ 7,44,340/-, as has been clearly recorded by the Assessing Officer that this amount does not reflect as a trading receipt, but only as unexplained deposit coupled with the statement of Directors in the presence of Chartered Accountant that it was not offered as income of the said year, the Tribunal was justified in upholding the order of the Assessing Officer. The Commissioner of Income Tax (Appeals) was not correct in ordering remand for considering the issue, since it was neither canvassed by the assessee nor was the issue before the Commissioner of Income Tax (Appeals). - Decided in favour of the Revenue.
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