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TMI Blog2018 (1) TMI 1297X X X X Extracts X X X X X X X X Extracts X X X X ..... individual. During the relevant previous year he acted as distribution of SIM cards, e-recharge vouchers of Vodaphone The said business was carried on by the assessee or sole proprietor of SG Communication. The AO noticed that the asessee had claimed in the return of income credit for TDS of Rs. 3,16,882/- (wrongly mentioned as Rs. 3,16,852/- in the order of assessment). The AO called upon the asessee to explain as to how the corresponding income reflected in TDS certificate issued by Vodafone Essar South Limited was declared in the total income reflected by the assessee for the relevant assessment year. As per the provisions of Sec.199 of the Act credit for tax deducted at source can be given only when the corresponding income on which TDS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was duly reflected in the profit and loss account and considered while computing the total income declared in the return of income for A.Y.2007-08. 5. The assessee further pointed out that the amounts due are payable to the runners as commission/special incentive were reflected in the balance sheet of the assessee as on 31.03.2008 as outstanding liability. The amounts shown as outstanding were ultimately paid over a period of time to the retailers and runners during the subsequent financial years. The assessee also pointed out that vide letter dated 11.08.2010 the assessee's distributorship with Vodafone was terminated and the assessee was asked to settle all outstanding to retailers and runners. 6. The AO however ignored all the aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see reiterated the submissions as were made before the revenue authorities. The ld. DR relied on the order of CIT(A). 10. I have carefully considered the rival submissions and the evidence on record. The assessee had filed copies of e-mail from Vodafone to the assessee. This e-mail contains reference to the scheme of incentive to the retailers . Each of the retailers and the runners have been identified in the break-up of retailer incentive/commission and break-up of runner charge which are at pages 80 to 88 of the assessee's paper book. The invoice raised by the assessee of Vodafone Essar South Ltd in which there is a reference to scheme commission is also available at pages 69 to 79 of the assesee's paper book., These documents have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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