2021 (9) TMI 182 - AT - Income Tax

Addition on account of difference of the gross receipts shown in the 26AS in comparison to the return of income filed by the assessee - AO noted that assessee has not declared the income received from Tata Consulting Engineers Ltd. [TCE] as appearing in 26AS - HELD THAT:- AO has made the addition on the presumption that the amount shown in 26AS is the actual gross receipt of the assessee from TCE without conducting any verification of the facts and CIT(A) has confirmed this addition on the ground that assessee has failed to reconcile this difference - once the assessee has disputed the said amount pertaining to any of the bills raised by the assessee, then a proper enquiry ought to have been conducted by the AO to verify this fact. The assessee has expressed its inability to force the other party to rectify the TDS statement and consequently 26AS - we set aside this issue to the record of the Assessing Officer for conducting a proper enquiry by calling upon the necessary information from TCE and then decide the issue.

Disallowance in respect of delay for depositing the employees contribution to ESI and PF - assessee submitted as deposited the employees contribution to ESI and PF belatedly but before due date of filing the return of income u/s.139(1) - scope of amended provisions of Section 43B as well as 36(1)(va) - HELD THAT:- As the amended provisions of Section 43B as well as 36(1)(va) are not applicable for the assessment year under consideration. By following the binding decision of Hon’ble Jurisdictional High Court of AIMIL LIMITED, NIRMALA SWAMI, SPEARHEAD DIGITAL STUDIO, M/S. NET 4 INDIA LTD., MODIPON LTD., & M/S. EKTA AGRO INDUSTRIES LTD., [2009 (12) TMI 38 - DELHI HIGH COURT] the employees contribution paid by the assessee before the due date of filing of return of income u/s.139(1) is an allowable deduction. Accordingly, we decide this issue in favour of the assessee