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2020 (1) TMI 1055 - AT - Income TaxAssessment u/s 153A - Undisclosed consultancy fee - addition based on invoice found in survey - HELD THAT:- As during the course of survey in the office premises of the U.K. Paints (Overseas) Ltd. suggested that the services were rendered only by U. K. Paints Overseas Ltd. and not by the assessee herein. He had also stated that this invoice had already been accounted in the books of U.K. Paints (Overseas) Ltd. much prior to the date of search and survey. Hence this document cannot be said to be of incriminating nature to be used in the search assessment framed u/s 153A of the Act. We find that the Ld. CIT(A) had categorically stated that no services were rendered by the assessee to M/s ERA Construction Ltd. in order to earn consultancy income. These two crucial findings of the Ld. CIT(A) were not controverted by the Revenue before us. We find that said sum of ₹ 2,27,51,586/- had already been offered as consultancy income in the books of U.K. Paints (Overseas) Ltd. and there cannot be double taxation of the same in the hands of the assessee. We do not find any infirmity in the order of the Ld. CIT(A) and accordingly deem it fit not to interfere in the same. Accordingly, grounds raised by the Revenue are dismissed.
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