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TMI Blog2020 (2) TMI 1636X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. CIT(A) has erred in accepting the assessee's contention that the difference in the receipts shown in the Audit Report and Form 26AS us reflected in previous and subsequent years, ignoring the fact that the auditor has clearly pointed out that the assessee has not maintained consistent policy of accounting ? (2)The appellant prays that the order of the Ld. CIT(A) on the above ground be set aside and that of the AO be restored. (3) The appellant craves leave to add, delete, alter, amend and modify any or all grounds of appeal." 3. The only issue raised by the Revenue is against the order of Ld. CIT(A) wherein the Ld. CIT(A) has accepted the contentions of the assessee that difference in the receipts shown in the audit rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clusion that mere submission by the assessee that the payments were offered in F.Y. 2010-11 to 2014-15 by filing the copies of ledger accounts could not be accepted and thus the AO calculated the difference as unaccounted income at Rs.2,24,74,445/- which was calculated by subtracting Rs.4,73,50,036/- from Rs.7,24,00,481/- and added the same to the income of the assessee. 5. In the appellate proceedings, the Ld. CIT(A) allowed the appeal of the assessee after considering the contentions and arguments of the assessee by observing and holding as under: "5.2 Ground No. 1 :- This ground relates to the mismatch in receipts as per TDS claimed by the assessee & Receipts as per P& L account. During course of the assessment proceedings, the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ored the books of account furnished by the appellant and did not make any examination and merely on basis of auditors qualification report, concluded that the appellant did. not follow the consistent accounting policy. The AO failed to appreciate that the receipts have been offered for tax either in preceding years or in subsequent years. In view of the above I hold that the addition on the basis of mismatch cannot be made merely on the basis of auditor's qualification report, instead of that facts and circumstances of the cases should be looked in to make any addition. In view of the above, it is held that the appellant had offered the receipts for tax either in preceding year or in subsequent year and the same cannot be added in the y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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