TMI Blog2016 (9) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... t known how any figure reflected in Form 26AS can be treated as income of the assessee as Form 26AS neither forms part of books of accounts of the assessee. As find considerable cogency in the assessee’s counsel that it is a well settled law that the bank account is not books of account of the assessee, therefore, the Form 26AS cannot be made a basis for addition. As regards the TDS Certificate is concerned, on perusing the records, as noted that the National Insurance Company has issued a TDS Certificate in the name of the assessee and mere issue of TDS certificate does not establish that there is any income credited to the income of the assessee as no sum is either due to the assessee or any sum has been actually received by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount are not claimed by the appellant nor the credit is given. Further the Learned CIT (A) has erred in ignoring the facts as per written submission which are on record and duly discussed in the order . 3. That to sustain the additions of ₹ 1278760/- by the Ld. CIT (A) under three heads are quite arbitrary and unjustified. 4. That ignoring the submission of the appellant by the Learned CIT (A) are contrary to the provisions of Law and facts of the case. Further That all the figures returned, books version, method of accountancy are duly accepted and provisions of Section u/s 145 not applied. 5. That the appellant craves the leave to add, modify amend or delete any of the grounds of appeal before or at the time of hearing. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late to him when payments are received by him alone, i.e. in his bank accounts is not a satisfactory explanation. Moreover, the explanation in relation to the FDR interest as being relating to his wife is preposterous considering the fact that it has been credited to him and is hence, not accepted. In the absence of any explanation/ evidence to show that this amount did not relate to him, the addition was justified. I, therefore, sustain the said addition of ₹ 12,78,760/-. 4. Aggrieved with the aforesaid finding of the Ld. CIT(A), Assessee is in appeal before the Tribunal. 5. Ld. Counsel of the Assessee stated that no sum is credited in the books of accounts of the assessee. It was further stated that once no sum is cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the orders of the authorities below and stated that no cogent explanation has been offered before the lower authorities. He further stated that the AO has rightly observed that assessee has not shown the receipts in his books of accounts and accordingly, the addition in dispute was rightly made by the AO. In view of above, Ld. DR requested that the Appeal of the Assessee may be dismissed and order of the Ld. CIT(A) may be upheld. 7. I have heard both the parties and perused the records available with me. I find that assessee is engaged in the business of sales of bikes and owner of bikes are insured with M/s National Insurance Co. Ltd. or assessee IndusInd Bank. All sums received by the assessee as job charges of ₹ 12,47,468/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arita Yadav, W/o Sh. Vikas Yadav, who is a regular income tax assessee. The FDRs interest and TDS claim was duly made in her return. The TDS deducted under the assessee PAN actually its belong to her. Nor the interest is claimed by the assessee nor the benefit of TDS is availed. Hence, the addition in dispute is untenable and the same is deleted. My aforesaid views are fully supported by the ITAT, Delhi Bench decision dated 31.3.2015 in the case of ITO vs. Basant Kumar in ITA No. 4679/Del/2012 (AY 2009-10) wherein in almost identical circumstances, the Tribunal has upheld the order of the Ld. CIT(A) deleting the addition on the basis of Form 26AS by holding as under:- 6. It is only elementary that information as per database of the rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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