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2017 (8) TMI 414 - AT - Income TaxNon reconciliation of various items of income - difference between cumulative income as per TDS certificate and cumulative income offered to tax - Held that:- The assessee had filed reconciliation in that matter,that same was not analysed properly by the AO/FAA,that there is no evidence on record that un-reconciled amount is more than ₹ 5.13 lakhs for the year under appeal.The AO has not given any finding about the balance amount.In these circumstances,we hold that the matter needs further verification and investigation.So,in the interest of justice,we are remitting back the matter to the file of the AO for fresh adjudication.He is directed to afford a reasonable opportunity of hearing to the assessee.First effective Ground of appeal(GOA- 2&3)is decided in favour of the assessee,in part. Credit notes issued to Reach Global Services Ltd (RGSL),an Associated Enterprise (AE) of the assessee - Held that:- The assessee had filed copy of ledger accounts of RGSL considering credit note and final invoice vide letter dtd. 07/12/2011,copy of invoices,copy of credit note dtd. 6/04/2009 issued for ₹ 2,49,73,220/- and confirmation of accounts from RGSL for year under appeal. From the statement it is clear that RGSL had included the credit note of USD $5,53,232 in its books of account and working of final fees receivable from RGSL (Rs.13, 45, 69,123/-). We find that all the above facts were not analysed properly by the AO/ FAA during the assessment/appellate proceedings.Therefore,in the interest of justice,we are restoring back the issue to the file of the AO for fresh adjudication.He is directed to decide the issue after affording reasonable opportunity of hearing to the assessee.
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