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2024 (5) TMI 588 - ITAT DELHIMismatch in receipts between Profit and Loss Account and Form 26AS - whether the corresponding receipts attributable to TDS claim had been offered to tax by the assessee during the year under consideration? - HELD THAT:- As and when payment is realized from the party, it makes respective entries in subsequent year in the books. It was submitted that the payments were received from the clients in the month of April 2014 and accordingly accounted for in the SAP software in AY 2015-16. But since the corresponding TDS is reflected in Form 26AS, the same was claimed by the assessee in the return for AY 2014-15. As submitted that in SAP software, there is no scope for passing any backdated entries by the assessee. It was also submitted that as far as the income offered to tax is concerned, the assessee had only considered the receipts reflected in Form 26AS while filing the return. As explained that domestic sales eligible for tax deduction as per Form 26AS was Rs 22.32 crores against which TDS was done for Rs 1.40 crores. This has been considered in the return of income by the assessee. TDS reconciliation for the same as per Form 26AS and TDS receivable as per books was filed by the assessee. AO however ignored the contentions of the assessee and extrapolated the receipts based on TDS mismatch and arrived at the income and made addition to that extent in the assessment. This action of the ld. AO was upheld by the CIT(A). AR before us drew our attention to the complete reconciliation of party wise receipts together with TDS thereon - assessee had filed additional evidences under Rule 29 of the Income Tax Appellate Tribunal Rules 1963 furnishing further details party wise. These additional evidences, in our considered opinion, are crucial for adjudication of the issue in dispute before us but these details were admittedly not filed before the ld. AO. The same requires factual verification. We deem it fit and appropriate to restore this issue to the file of AO for denovo adjudication in accordance with law and in the light of the additional evidences filed by the assessee before us. With these directions, the ground raised by the assessee is allowed for statistical purposes.
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