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Saturday 25 July 2015

Difference between income as per TDS certificate and that shown in books—As per TDS certificate, gross amount of assessee’s receipts is Rs. 4.51 crores whereas as per the accounts, it is Rs. 4.29 crores—Assessee was not able to reconcile the difference to the extent of Rs. 14,94,285 and hence AO made addition thereof under the head ‘Undisclosed transportation receipts’— Not justified—In case of difference between the gross receipts as shown in the assessee’s books and as per TDS certificate addition is to be made only in respect of profits embedded therein—Impugned order is set aside and the AO is directed to adopt the GP rate declared by the assessee for the assessment year under consideration and compute addition accordingly

R.R. CARYYING CORPORATION CUTTACK BENCH (2009) 126 TTJ 0240 
Balasore Synthetic (P) Ltd. vs. Dy. CIT (ITA No. 141/Ctk/2008) followed

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