2015 (3) TMI 279

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....tad,Advocate. ORDER ORAL JUDGMENT [Per B.P. Dharmadhikari, J.] Heard Advocate Shri Anand Parchure, for the appellant and Advocate Shri N.S. Bhattad, for the respondent. 2] The following two questions are sought to be urged by the appellant ::::  [1] Whether in the facts of the case and in law, the Hon'ble ITAT was correct in holding that the entire income earned by the joint ve....

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.... and the said work was done by one of its constituents namely SMS Infrastructure Limited. It is also found that the receipts for the said project work are reflected in the books of account of SMS Infrastructure Limited and in return, said SMS Infrastructure Limited has disclosed that income. The said return was accepted by the Assessing Officer in the assessment made under Section 153A read with S....

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....e Assessing Officer cannot refuse to tax the right person because wrong person has been taxed. He submits that otherwise there was no reason for the assessee to show TDS. 5] Advocate Shri N.S.Bhattad relies upon the findings recorded by ITAT in para 7 to urge those findings are concurrent findings of fact and are not perverse. 6] The assessee/ joint venture had filed return of income of Rs. ....

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....orked out income tax at 3% of the contract value at the hands of joint venture/assessee. Such guess work would not have been essential, had the assessee actually received the amounts and those amounts would have been reflected in the books of account. The department would have procured some material to show receipts by assessee towards contract. There is no finding of receipt of any income by join....