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2019 (5) TMI 408 - AT - Income TaxDifference in amount as revenue from operations as against the TDS certificate and claimed credit of TDS - HELD THAT:- The assessee in its service tax return has accounted the gross revenue as ₹ 3,10,81,172/-. CIT(A) upheld the action of the AO the reasons for which has been reproduced in the preceding paragraphs. It is the submission of the assessee that the assessee in the subsequent year has offered the balance amount to tax which has been accepted in the order passed u/s 143(3) and, therefore, taxing the same in the impugned assessment year will amount to double taxation. Merely because the other party has declared the same as expenditure, it does not automatically become the income of the assessee and the certificate issued by the payer company which has been countersigned by the assessee company is binding on both the sides. It is also his submission that total receipts and expenditure are fully matching as per the matching concept. Alternate submission of the assessee that the matter may be restored to the file of the Assessing Officer with a direction to verify as to what statement has been given by Hindustan Motors in their accounts. We find some force in the argument of the assessee regarding the alternate contention. A perusal of the Consulting Service Agreement shows that the stamp paper was purchased on 26th March, 2013 and the date in the Consulting Service Agreement is blank. Since this certificate was furnished at the time of hearing and was not available before the AO or the CIT(A), therefore, we deem it proper to restore the issue to the file of the AO with a direction to obtain further information from Hyundai Motor India Ltd. regarding the nature of the agreement. He should also keep in mind the order passed u/s 143(3) in the subsequent assessment year. The grounds raised by the assessee are accordingly allowed for statistical purposes.
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