Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1297 - AT - Income TaxAddition treating income of the assessee received from Vodafone Essar South Ltd. - Held that:- The full address of the retailers had been furnished before the AO. In the given circumstances we are of the view that there was no basis for the CIT(A) to conclude that the assessee has not explained as to how the sum in question is payable to the retainers. It is clear from material on record that the sum as reflected in the TDS certificate given by Vodafone was not the assessee’s income or money on which the assessee had any title except to the extent of ₹ 94,381/- which was reimbursement of van charges. The sum reflected in the TDS certificate cannot therefore be treated as assessee’s income. The fact that the money payable to the retailers and runners is outstanding in the balance sheet cannot be a ground to hold that the sum reflected in the TDS certificate is income of the assessee. On the question of credit for TDS the assessee has reflected a sum of ₹ 94,381/- in the total income declared for the relevant assessment year and to this extent is entitled to credit. As far as the remaining sum is concerned since the sum in question is not the income of the assessee and further it has not been offered to tax in the relevant assessment year the assessee cannot claim credit for TDS. To this extent the action of the revenue authorities have to be held as proper. Therefore delete the addition
|