TaxTMI 
TaxTMI 
2012 (3) TMI 435
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.... the addition of Rs. 91,84,558/- by observing that income pertaining to TDS certificates received during the financial year 2007-08 had been accounted for in the earlier years without verifying as to whether the said receipts are shown in the earlier years or not? 2. That the ld. CIT(A) has erred in being too credulous for accepting the claim of the assessee that the entire amount of Rs. 91,84,558/- has been disclosed in the earlier years but there is nothing on record, except a sum of Rs. 16,02,300/- (considered by the ld. CIT(A) himself) to suggest that the respective receipts have been shown in the earlier years. 3. That the order of the ld. CIT(A) be set aside and that of AO be restored. 4. That the appellant craves leave to ad....
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.... Lakhs (Rs. Sixty Four Lakhs only) as Work Contract value from the PAN INDIA NETWEORK INFRA (P) LTD. MUMBAI for the Assessment Year 2008-09. Against this work Agreement we have made expenses amounting to Rs. 46,23,880.00 and shown Net Income of Rs. 17,76,120.00 as Back office Support Income for the above noted year under Assessment. The copy of contract is attached. (ii) No Business with Punjab State Lottery, Chandigarh. We have not received Rs. 66,10,858/- as receipt from Director, Punjab State Lottery, Chandigarh. As on evidence we are enclosing Punjab Govt Letter No. 7634 dated 14.12.2010. The letter itself explains that TDS amounting to Rs. 1,22,384.00 relates to earlier years, not Assessment Year 2008-0....
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....igarh and the letter issued and the reply received from them are reproduced by the AO in para 6 at pages 5 and 6 of the assessment order. The AO on going through the information was of the view that sum of Rs. 91,84,558/- was credited in the account of the assessee during the year under consideration instead of Rs. 66,10,858/-. In reply the assessee submits that it had not done any business of lotteries or purchase with Punjab Govt. Lotteries Department for the year under consideration and had not received any commission relating to Assessment Year 2008-09. The assessee also furnished another communication in which it was pointed out that the commission is relatable to the draws in 2005 and the date of draws was during the....
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.... the schemes operated by the assessee in earlier year and the same had been reflected in the receipts for the appropriate year. Further the amounts due to the assessee in respect of such scheme had been realized by the assessee from the running account with Director, Punjab State Lotteries and since the said amounts were sanctioned only later the TDS pertaining to such amount was also deducted accordingly in F.Y. 2007-08. It was thus claimed that the receipts pertaining to this TDS Rs. 1,22,384/- had been reflected in assessee's profit and loss account in earlier years but since no TDS was deducted because of delay in sanctioning the said amounts by Director, Punjab State Lotteries, ....
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....tely looked into by the CIT(A). 10. We have heard the rival contentions and perused the record. The issue arising in the present appeal is in relation to the assessability of receipts which are reflected in the TDS certificates issued in Form No. 16A. The Director of Punjab State Lotteries, Chandigarh had issued TDS certificates for the financial year 2007-08 in which a sum of Rs. 1,22,384/- was deducted out of certain receipts which related to the assessee. The claim of the assessee was that the above said receipts had been reflected and recorded in the financial year 2005-06 and even the TDS of Rs. 1,22,384/- had been claimed in Assessment Year 2006-07. The CIT(A) took note of the fact that the receipt pertainin....