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2015 (11) TMI 1214 - HC - Income TaxAddition on account of difference in contract receipts shown by the Assessee and accounted for by its customer Uniproducts India Ltd. ('UIL') - ITAT deleted the addition - Held that:- With the ITAT having returned a definite finding about the Assessee following the percentage completion method and with the Revenue not contending that differential amount was not offered to tax in subsequent FY, the Court is not persuaded to hold that the impugned order of the ITAT suffers any perversity or gives rise to any substantial question of law. - Decided against revenue Addition on account of the purchase made from M/s. Amit Steel on the ground that the said party is not traceable - ITAT deleted the addition - Held that:- ITAT has accepted the explanation offered by the Assessee that the purchase was in fact made from M/s. Amit Steel but was wrongly shown as having been made from M/s. Dharm Steel. This was perhaps on account of the fact that both proprietary concerns had the same proprietor. It appears that the Assessee also was able to produce the delivery challan for purchases made from M/s. Amit Steel and this was accepted by the ITAT. This finding of the ITAT having purely turned on facts, the Court is not persuaded to frame any question.- Decided against revenue Disallowance of service tax under Section 43B - ITAT deleted the addition - Held that:- ITAT has noted that the service tax payable was not in fact shown as a deduction in the P&L account. Although a statement was made before the AO that the service tax was paid late, the fact remains that for the AY in question the Assessee had not claimed it as a deduction in the P&L Account. Consequently, the question of complying with Section 43B for the AY in question did not arise.- Decided against revenue
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