TMI Blog2012 (9) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant had consciously claimed credit of tax deduction on the basis of the TDS certificates and even enclosed the same along with the return of income, but failed to show it, as a part of the income. This entire excess income of Rs.19.22lacs would have not come to light but for the AO verifying each TDS Certificate. The return of income was duly signed and verified by the Directors of the company. In view of the above facts, the Tribunal concluded that no useful purpose would be served by remanding the matter back to the Assessing Officer - against assessee. - INCOME TAX APPEAL NO. 1322 OF 2010 - - - Dated:- 30-8-2012 - S.J. VAZIFDAR M.S. SANKLECHA, JJ. Mr. Murlidhar alongwith Mr. Darshan Mehta i/b M/s. Dhruve Liladhar Co. f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e TDS certificates did not stand debited in the tax deducted at source account in the balance sheet of the Appellant, there was no material on the basis of which it could be assumed that the amount of Rs.19,22,817/represented the income of the Appellant for the year ended 31st March, 1998? 3) Whether on the facts and in the circumstances of the case and in law, the Tribunal ought to have held that as the said two TDS certificates issued by M/s. Supreme Industries and M/s. Dalal Auto Cast were fake, the said certificates ought to be ignored in their totality and could not form the basis of making any addition to the income of the Appellant? 4) Whether on the fats and circumstances of the case and in law, the Tribunal finding is perverse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that TDS certificates indicated that the amounts had been paid to the appellant during the assessment year 19981999. However, the income SNC 6 ITXA 1322-10.doc reflected in some of the TDS certificates had not been disclosed by the appellant in its return of income. Nor was the appellant able to explain the discrepancy in having furnished TDS certificates to claim credit of tax paid, but having failed to show the income in its return of income. d) By an order dated 04.08.2009, the Tribunal dismissed the appellant's appeal. Before the Tribunal, the appellant contended that the TDS certificates which were attached along with the returns were fake certificates, as the companies which had issued the certificates were not traceable. It w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them was relied upon during the hearing before the Tribunal: a) Petition before Company Law Board; b) Affidavit dated 06.05.2008 of Mr. Vinay Walia; c) Details of T.D.S. (Faridabad branch) as per ledger; d) Details of T.D.S. in last 3 years. And e) Copy of Account of the assessee in the books of Dalal Auto Cast for assessment year 199899. g) On 25.05.2011, the Tribunal dismissed the Miscellenous application holding that so far as the issue of TDS certificates are concerned, nothing had been submitted before the Bench, during the course of hearing, on 29.06.2009 leading to the order dated 04.08.2009. The Tribunal also held that as the appellant had already filed an appeal against the order dated 04.08.2009 to this court and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be said to be perverse. 6 So far as question no.4 is concerned, there is a clear finding of the Tribunal in its order dated 25.05.2011 that the documents alleged to have been produced before the Tribunal during the course of the hearing on 29.06.2009, leading to the order dated 04.08.2009 were in fact not produced. This is a finding of fact. There is no reason for us to assume that the facts stated in the order of the Tribunal to the effect that nothing has been submitted before the Bench with regard to the TDS certificates during the course of hearing on 29.06.2009 leading to the Order dated 04.08.2009 is not correct. In the circumstance, no question of law arises. 7 In view of the above, the appeal is dismissed on all four questio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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