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2018 (6) TMI 1566 - AT - Income TaxUndisclosed receipts - Difference in receipts as per the books of account and as per 26AS - assessee explained the discrepancy in the receipts being the service tax which was not included in the part of turnover recorded in the books of account whereas the TDS was deducted by the payer on the amount which includes the service tax - Held that:- If the assessee is showing the total receipts in the books of account on the basis of bill raised and the service tax return was filed on the basis of amount collected or actual receipt then the explanation of the assessee cannot be faulted with in respect of the amount of difference between the total receipts shown in the books and the receipts shown in the service tax return. The assessee has furnished reconciliation explaining the cause of discrepancy in the receipt shown in the 26AS statement and the ld CIT(A) has reproduced the entire list of 91 transactions where the TDS was deducted on the amount including the service tax whereas the assessee has shown the receipts in the books excluding the service tax CIT(A) has considered specific fact of discrepancy in the amount shown in the 26AS in comparison to the books of account. The bills including service tax were raised and the TDS was deducted inclusive of service tax amount of ₹ 1,61,36,763/-. The revenue has not brought any fact or material to contradict the factual details recorded by the ld. CIT(A). Accordingly, we do not find any error or illegality in the impugned order of the ld. CIT(A), the same is hereby upheld. - Decided against revenue
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