2018 (10) TMI 1493

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eous Application is that the there is a difference 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion petition u/s 154 on 09.01.2009, wherein a reconciliation of total turnover as per TDS-certificate and turnover as per their letter dated 26.11.2008 was also filed. In this reconciliation 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. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....see has transferred to DCIT, Central Circle-2 (2), and present AO examined all the TDS certificates and claimed that there is mismatch of Rs. 56,91,041/- in case of Hindalco Industries 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 aforesa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ther TDS certificates , which was neither the issue raised by the AO in the original assessment order nor was the issue for adjudication before the CIT(A) and before the Tribunal. Therefore 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 gl....