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2018 (8) TMI 1715 - AT - Income TaxAddition on account of difference in the total receipts shown in the Form No. 26AS as against the receipts shown in the books of account - eligibility of deduction U/s 80P(2) - Held that:- The assessee has brought on record the material to show that the correct figure of receipts as per the amended Form No. 26AS is ₹ 19,14,066/- as against ₹ 41,62,389/- out of which the amount of ₹ 5,18,392/- was already declared by the assessee and not in dispute and hence the difference comes to about ₹ 14 lacs. As we have already noted that the amount at about ₹ 15 lacs was received by the assessee from the receivables as on 31/3/2008 and the balance of receivables shown as on 31/3/2009 is ₹ 13,15,501/-. Hence the Assessing Officer is directed to consider the amended Form No. 26AS as well as these balances shown by the assessee as on 31/3/2008 as well as on 31/3/2009 on account of commission receivables and then to compute the difference, if any, to be added in the income of the assessee. Even if any addition to be made on account of difference between the receipts shown in the books and the receipts shown in the Form No. 26AS, the said amount would be eligible for deduction U/s 80P of the Act in view of the decision of this Tribunal in assessee’s own case for the A.Y. 2005-06. Accordingly, we set aside the orders of the authorities below and remit the matter back to the record of the Assessing Officer for limited purpose of computing the differences if any after reconciliation of the balances. Appeal of the assessee is partly allowed
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