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2014 (10) TMI 711 - ITAT KOLKATASuppressed income - undisclosed income towards collection of amount of service tax on taxable services – Held that:- The AO has made addition as regards the difference between the sum credited in the P&L account on account of commission received from M/s. PCPL and as per confirmation received from M/s. PCPL - The bill clearly shows that the amount of bill was ₹ 1,08,36,000/- and service tax component was ₹ 13,39,330/- and the total of the bill thus comes to ₹ 1,21,75,330 - This bill was also before the AO - AO clearly failed to appreciate the reason of the difference noted by him - the difference was on account of service tax is also supported by the service tax return and tax payment challan accepted by the CIT(A) – there was no infirmity in the order of the CIT(A) – Decided against revenue. Commission received from Platinum Hospitality Pvt. Ltd & Astek Infracom Ltd. – Undisclosed income deleted – Held that:- Regarding the commission payment to M/s. AIL, the addition was solely on the basis of initial confirmation issued by M/s. Quantium Agencies Ltd. - CIT(A) observed that before the addition, it was necessary for the AO to ascertain the true and correct facts - The CIT(A) has noted that there was no material available in assessment record regarding the existence of M/s. Astek Infracom Ltd (M/s. AIL) - The initial confirmation of M/s. Quantium Agencies Ltd was later on explained by them as a clerical mistake as services were rendered in connection with M/s. PHSPL – the order of the CIT(A) is upheld that there is no evidence on record that the assessee has rendered services in connection with arranging of bank loan to M/s. AIL – Decided against revenue.
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