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2012 (9) TMI 617 - AT - Income TaxSuppression of income - Addition made due to difference in income shown in P&L and TDS certificate – Assessee made freight payment on behalf of another person - Railway freight incurred by the assessee which was directly debited to the said person and when he paid the amount subject to deduction of tax at source u/s 194C – Discrepancy was found due to reimbursement of expenses which was neither shown as income nor the payments made were shown as expenditure - Held that:- The assessee cannot be said to have made the profit from railways insofar as due to provisions for Railways the freight has to be paid by the owner of goods and not the contractor. It was only a portion of the amount owed to the deductee which was paid to the Government Exchequer. The assessee could therefore only claim this amount back from deductor as adjustment of amount on account of railway freight to be borne by the deductor by filing its return under the provisions of the I.T.Act for claiming the tax paid as TDS has been noted by the AO. Appeal decides in favour of assessee
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