Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 321 - AT - Income TaxAddition on account of difference between commission receipt declared by the assessee and as per Form 26AS - Held that:- The assessee has not submitted any evidence, which could reconcile the difference between the commission received as per Form 26AS at ₹ 7,67,404/- as against commission declared by the assessee in its P&L account of ₹ 5,63,670/-. The payer of commission is a group concern and director is common. The onus is on the assessee to explain the discrepancy. The assessee cannot get away simply stating that the Assessing Officer of payer and payee is same. Since the assessee has failed to discharge the primary onus with regard to explain the difference in the receipts of the commission, the Bench find no merit in the contention of the ld. AR of the assessee. The assessee has miserably failed to provide a satisfactory explanation with regard to difference in commission declared by the assessee and commission receipt as per Form 26AS. Hence this ground of assessee’s appeal stands dismissed. Disallowance of expenses - Held that:- The Bench is of the view that this issue needs a fresh look at the level of the Assessing Officer wherein the assessee shall be at liberty to produce the persons to whom the salary was paid as the ld AR claimed that these persons are still working with the assessee company. Accordingly, this issue is restored back to the file of the Assessing Officer. This appeal is partly allowed for statistical purposes.
|