TaxTMI 
TaxTMI 
2019 (2) TMI 804
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.... the fact that the assessee could not prove the invoice raised by it during the year was in the nature of advance only. ii) The appellant craves to be allowed to add any fresh ground(s) of appeal and / or delete or amend any of the ground(s) of appeal. 3. The brief facts of the case are that the assessee filed the ereturn of income on 29.9.2012 declaring income of Rs. 27,46,320/-. The same was processed u/s. 143(1) of the Income Tax Act, 1961 (hereinafter referred as "Act") and later picked up for scrutiny by issuing of notice u/s 143(2) of the Act. Thereafter, notice u/s. 143(2) and 142(1) of the Act, alongwith detailed questionnaire, was issued to the assessee company calling for various information. In response to these notices, the A....
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....as elaborately discussed the issue in dispute vide para no. 2.3 to 2.6 at page no. 4-6 of the impugned order. For the sake of clarity, we are reproducing hereunder the said relevant findings of the Ld. CIT(A). "2.3 I have carefully considered the submission of the appellant and the order passed by the AO. The AO has brought to tax revenue of Rs. 2,89,17,000/- on the ground that the appellant had received Rs. 5,46,77,916/- from M/s Sistema Shyam Teleservices Ltd. on which TDS of Rs. 10,93,559/- had been deducted. As the appellant had only disclosed income of Rs. 2,06,55,000/- and claimed credit of TDS of Rs. 4,56,650/- in the year under appeal, she was of the view that the entire revenue from M/s Sistema Shyam Teleservices Ltd. pertained t....
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..... Y. 2012-13 (A.Y. 2013-14). These facts are borne out from the agreement between the appellant and M/s Sistema Shyam Teleservices Ltd. and the ledger account evidencing receipt of monthly payments by the appellant. The AO however, was of the view that as per copy of invoice raised by the appellant on 11.11.2011 whereby services have been billed for the period November, 2011 to October, 2012, the appellant was paid full amount during the year itself. She has further stated that the appellant has not filed any copy of the agreement which shows that it had received the amount in advance. Further, since M/s Sistema Shyam Teleservices Ltd. had deducted TDS of Rs. 10,93,559/- on the full amount therefore the entire amount was taxable in the curr....
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....e Act read with Rule 37(BA)(3) of the I. T. Rules, 1962 clearly lays down the procedure for credit of tax deduction at source as under: "37(BA)(3): (i) Credit for tax deducted at source and paid to the Central Government, shall be given for the assessment year for which such income is assessable. (ii) Where tax has been deducted at source and paid to the Central Government and the income is assessable over a number of years, credit for tax deducted at source shall be allowed across those years in the same proportion in which the income is assessable to tax." 2.6. Since the appellant had offered the receipts in two financial years and claimed proportionate credits of TDS as per the aforesaid Rules, I do not find any merit in the add....