TaxTMI 
TaxTMI 
2018 (10) TMI 1493
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....rence between the TDS certificates vis-à-vis receipts not recorded in the books of account. The department in this miscellaneous application worked out the difference to the tune of Rs. 56,91,041/- which is not recorded in the books of account of the assessee. The difference worked out by the department is given below :- Party from where payment received Nature of Income/Receipt As per TDS Certificates As per Books of Account (P/L A/c) Receipt recorded books not in Hindalco Industries Ltd. Coal Transportation, Escalation & Mining Charges & Hiring charges 20,14,88,090/- Less:-Stated by assessee as having been shown as sales in A.Y.2005-06 62,14,539/- 19,52,73,551/- L....
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....onciliation the assessee has stated that certain amounts on which TDS was made were booked in Turnover of preceding/succeeding year. In this reconciliation the assessee has also accepted that credit amount of Rs. 12,45,974/- cannot be reconciled. Therefore the rectification petition was rejected by the then AO vide his letter dated 31.07.2009. Therefore the ld. DR for the revenue pointed out that short-credit as pointed out in the above chart together with the amount of credit of Rs. 12,45,974/- which the assessee itself has accepted as not reconciled, i.e. Rs. 69,37,015/- (Rs.56,91,041 + Rs. 12,45,974) clearly should have been considered as undisclosed income of the assessee; and these facts were not considered by Hon'ble ITAT. Therefore,....
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....s Ltd. The ld. AO also considered a sum of Rs. 12,45,974/- as undisclosed income based on rectification petition u/s 154. Therefore Ld. Counsel pointed out that miscellaneous application filed by department does not arise from assessment order and order of hon'ble ITAT in ITA No.1323/Kol/2014. Hence Miscellaneous Application should be dismissed. 5. We have given a very careful consideration to the rival submissions. We note that the AO arrived at the figure of Rs. 56,91,041/- in the case of the party, M/s. Hindalco Industries Ltd and claimed that the aforesaid amount represents receipts not recorded in the books of account of the assesee during the relevant A.Y.2006-07. The ld. AO also placed reliance on the rectification petition filed by....
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....fore such a different issue which has no connection with the issue cannot be a matter of miscellaneous application as filed by the revenue u/s 254(2) of the Act. We note that the ld. DR has tried to raise a new issue which neither was before AO nor was the issue for adjudication before the Bench. Therefore considering these facts we do not think that there is a mistake apparent on record. 6. We note that it is a well settled position of law that in order to be a "mistake apparent from the record" of the case, it must be an error apparent, obvious and glaring. Mere complexity of the problem or that some genuine argument is necessary to discover the error may not be sufficient to oust the jurisdiction of the Tribunal to rectify such mistak....