TaxTMI 
TaxTMI 
2012 (9) TMI 96
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....ear 19981999. 2 After having filed the present appeal, the appellant had on 11.01.2010 moved the Tribunal with a Miscellaneous Application under Section 254(2) of the Act seeking to rectify the order dated 04.08.2009 as according to them certain evidence and submissions had not been considered leading to miscarriage of justice. This Miscellaneous Application was dismissed by the Tribunal on 25.05.2011. The Appellant was allowed to amend the present appeal to bring on record the subsequent events i.e. Miscellaneous Application dated 11.01,2010 and the order of the Tribunal dated 25.05.2011. 3 The appellant has formulated the following questions of law for the consideration of this court. 1) Whether on the facts and in the cir....
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....eclaring a total income of Rs.8.06 lacs. b) During the assessment proceedings, the Assessing Officer found that the receipts of income on account of labour charges by Faridabad division was shown at Rs.35.67 lacs in the return of income. However, as per the Tax Deducted at Source(TDS) certificates attached to the return of income, the amount received on account of labour charges by Faridabad division was Rs.60.12lacs. Consequently, the Assessing Officer called upon the appellant to explain the discrepancy and non disclosure of Rs.21.15lacs income receipts by Faridabad branch. The appellant sought time to explain the SNC 5 ITXA 1322-10.doc difference, but, failed to do so. Consequently, the Assessing Officer rejected the books of account ....
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....ibunal did not accept the submissions of the appellant and held that the TDS certificates were enclosed by the appellant along with its return of income, which were duly signed by its Directors. Consequently, the Tribunal found no infirmity in the order of the Assessing Officer and the Commissioner of Income Tax (Appeals) adding an amount of Rs.19.22 lacs to the income of the appellant. However, in respect of the claim for depreciation amounting to Rs.16.08 lacs, the Tribunal restored the matter to the file of the Assessing Officer, to enable the appellant to produce necessary bills to support its claim with regard to purchases of assets during the assessment year 19981999. e) Being aggrieved, the appellant filed this appeal on 17.12.200....
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....by annexing TDS certificates and not reflecting the income as shown in the TDS certificates in its return of income. The Tribunal on consideration of all facts had come to the conclusion that remanding the matter to the Assessing Officer would not serve any purpose, as the appellant had consciously claimed credit of tax deduction on the basis of the TDS certificates and even enclosed the same along with the return of income, but failed to show it, as a part of the income. This entire excess income of Rs.19.22lacs would have not come to light but for the Assessing officer verifying each TDS Certificate. The return of income was duly signed and verified by the Directors of the company. In view of the above facts, the Tribunal concluded that n....