2015 (1) TMI 479

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.... filed its return of income for the year under consideration with certain annexures. One of the annexures contained the amount of bill of construction of Rs. 13,70,000/- and the other was a T.D.S. Certificate given to the assessee by one Ravi Organizers. The aforesaid Ravi Organizers paid Rs. 16,30,000/- to the assessee and due that the concerned A.O. took the same as prima facie adjustment and issued an order, under Section 143(1)(a) of the Income Tax Act, 1961 (for short, 'the Act'), to the assessee in respect of an amount of Rs. 2,60,000/-. The assessee, hence, made an application before the concerned AO, pointing out that the aforesaid was an apparent mistake, but, the AO rejected the same. Therefore, the assessee approached the....

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....sp;   (1) "KHATAU JUNKAR LTD. VS. PATHANIA (K.S.)", 196 ITR 0055 (Bombay High Court);     (2) "GEORGE WILLIMSON (A) LTD. VS. CIT & ANR.", [2006] 286 ITR 533 (Gauhati); 6. On the other hand, Mr. Mehta, learned Advocate for the Revenue supported the order of the CIT(A) as well as the Tribunal and submitted that in view of the concurrent finding recorded by the authorities below, present appeal be dismissed as being without merit. 7. We have heard learned Counsels for the parties and perused the material on record as well as the orders of the CIT(A) and the Tribunal. 8. In the case of "KHATAU JUNKAR LTD. VS. PATHANIA (K.S.)" (Supra), the Bombay High Court has observed and held an AO can disallow a claim for....

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....g the year under consideration. From the record, it further appears that the assessee had received Rs. 16,30,000/- from the M/s. Ravi Organizers, who had deducted 2 per cent T.D.S. from the aforesaid amount. According to the assessee, it carried out the work and received the payment towards the same throughout the year. However, it appears that the assessee had raised bill at the end of the year and on account of that the payment amount was more than the bill amount. Therefore, the assessee carried forward the excess amount, which fact can be ascertained from a perusal of the Balance Sheet supplied by the assessee along with the return filed by it. In other words, the assessee had rightly shown the income to the extent of Rs. 13,70,000/-, w....