9911796707
TMI Blog2020 (6) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... his ground is not pressed, the same is dismissed as not pressed. 3. Coming to the next ground of appeal, which is against the action of the ld. CIT(A) in confirming the addition of Rs. 11,16,426/- on account of balance commission. 4. Brief facts of the case as noted by the AO are that the assessee had shown commission receipt of Rs. 10,66,159/- , though as per TDS certificates total commission receipt was amounting to Rs. 21,82,585/-. The AO confronted the assessee with the said anomaly. However, according to the AO explanation submitted by the A/R of assessee was not found tenable and therefore, he added the amount of difference of commission receipt of Rs. 11,16,426/- with the income of the assessee. Thereafter, the assessee went in 1st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to get credit of TDS relied upon TDS Certificate issued by the said company. However, she denies having received income corresponding to TDS credit, which action of the assessee cannot be accepted and he made addition of Rs. 11,16,426/-. On appeal, the ld. CIT(A) has sustained the same. Aggrieved, the assessee is before us. 5. Having heard both the parties, we note that this is assessee's second round of appeal before this Tribunal. During the second round the AO had issued summons to the said company (M/s. Unipay 2U Marketing P.Ltd), which was not responded to. Thereafter, the AO notes that the assessee claims credit for TDS of Rs. 2,18,325/-, which is shown in Form 16A. However, the assessee (she) objects to the corresponding income and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -10) has received income of Rs. 3,95,030/- and TDS of Rs. 39,569/- has been deducted and deposited the same in the Government account. Thus, I note that there are two documents before me (i) Form 16A-TDS Certificate and (ii) Form 26AS, [which is downloaded from the Income-tax Department website], which shows that for the same assessment year ( AY ) two different figures from two sources. The AO has taken the figures from the TDS Certificate issued by the said company (M/s. Uni pay) as gospel truth to make the impugned addition. The AO being a quasi judicial authority should be fair while framing the assessment of the assessee under the Act (income-tax). The AO had in his hand also Form 26AS, which reveals that an amount of Rs. 3,95,030/- wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- on account of unexplained cash credit. 7. The AO noted that the assessee had unexplained cash deposits in her two Axis Bank Accounts (A/c No. 035010100382755 & 5490100024152) to the tune of Rs. 5,92,100/-, which were deposited in cash. When confronted by this fact, the assessee submitted that these are not her deposits but of four (4) persons named in the assessment order. She also submitted a notarized affidavit of the two alleged depositors. However, AO notes that notice issued u/s. 133(6) of the Act were returned back. Therefore, the AO made the addition. Aggrieved, the assessee preferred an appeal before the ld. CIT(A), who confirmed the action of the AO. Aggrieved, the assessee is before me. 8. Having heard both the parties and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave already held that the assessee has received an amount of Rs. 3,95,030/- as her income while deciding the ground no. 2, therefore, this amount should be telescoped with the amount deposited in the bank account of assessee. Thus, assessee gets a relief of [Rs. 5,92,100 - Rs. 3,95,030]= Rs. 1,97,070/-, to be added in place of Rs. 5,92,100/- made by the AO and confirmed by the ld.CIT(A). The AO is directed to make an addition of Rs. 1,97,070/- as assessee's undisclosed income and tax to be computed accordingly as per law. This ground of assessee is partly allowed. 9. Before parting, it is noted that the order is being pronounced after the ninety (90) days of hearing. However, taking note of the extraordinary situation in the light of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
