TaxTMI 
TaxTMI 
2019 (2) TMI 1355
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....the addition of Rs. 129074/- on account of undisclosed income by wrongly alleging that undisclosed TDS of Rs. 9504/- was not shown in ITR. 2. Under the facts and circumstances of the case the Learned CIT(A) 4, Jaipur has grossly erred in law as well as facts in confirming the addition without considering the explanation submitted by the assessee firm and reply to Remand report of learned AO dated 3. That the Appellant assessee firm craves for a leave to add, alter and amend any Grounds of appeal at the time of appellate hearing." 2. Ground No. 1 of the appeal is regarding the addition of Rs. 1,29,074/- on account of undisclosed income revealed as per 26AS. During the course of assessment proceedings, the Assessing Offic....
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....urn. The ld AR has further referred his explanation that there are four entries in the latest Form No. 26AS which has laid to the difference of this amount, however these amounts were not received by the assessee. So far as it pertains to Capital First Ltd, TVS motors and Raj Motors. As regards the amount of Rs. 60,000/- shown as receipt from Worldwide Machinery Solution Pvt. Ltd., the ld AR has submitted that the assessee has already declared the interest income from the said party of Rs. 1,43,400/- and therefore, the said amount of Rs. 60,000/- was part of the interest already declared by the assessee and no further addition can be made on this account. Since this amount was not reflected in the Form No. 26AS at the time of filing of retu....
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....ed interest income of Rs. 1,43,400/- (PB 14 & 21) whereas in Form No.26AS downloaded on 18.08.2015 (PB 5-6) no income from M/s Worldwide Machinery Solution Pvt. Ltd. is reflected but in Form No.26AS downloaded on 21.11.2017 (PB 9) such amount is reflecting at Rs. 60,000/- as against Rs. 1,43,400/- declared by the assessee in the income. Thus, assessee has already included higher income than that reflected in Form No.26AS, hence, the amount of Rs. 60,000/- cannot be again included in the income. (d) Assessee was having a workshop for servicing of Honda vehicles and whenever some spare parts etc. are required on urgent basis it was purchased from M/s Raj Motors. The fact of purchase of spare parts from Raj Motors is evident from copy....
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....ng Officer as well as the ld. CIT(A), the assessee failed to explain the differences in the various receipts shown in the return of income as well as per Form No. 26AS. He has relied upon the orders of the authorities below. 5. We have considered the rival submissions as well as relevant material on record. The Assessing Officer has made the addition of Rs. 1,29,074/- on account of the receipts shown in the Form 26AS which was not declared by the assessee in the return of income. The ld AR of the assessee has now explained that this amount of Rs. 1,29,074/- is comprising of four different receipts shown in the Form No. 26AS in respect of four parties but these entries were not appearing in the Form No. 26AS as downloaded by the assessee ....
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....15 at the time of filing of return of income and another taken on 21/11/2017 clearly manifests that some amounts were subsequently added in the traces. The Assessing Officer has made addition without verification of the nature of the receipt and even without verification whether any incorrect details are uploaded in the account of the assessee. Therefore, merely because there is a TDS details uploaded by the other party would not ipso facto amounts to an additional receipt by the assessee which can be considered as income. The assessee has submitted that the additional amount shown as receipt from Capital First was never received by the assessee, therefore, it requires a proper verification from the other party as to what this amount of Rs.....
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....nsideration. However, the actual receipt of the said income or whether the said amount of Rs. 5,548/- is actually payable to the assessee by the TVS motors or not is to be verified from the other party. Hence, the Assessing Officer is directed to verify whether the said amount was payable by the said company to the assessee or actually paid during the year under consideration or not and then consider the same after giving an opportunity of hearing to the assessee. 5.2 As regards the receipt of Rs. 60,000/- as rent from Worldwide Machinery Solution Pvt. Ltd., we find that the assessee has already shown an interest income of Rs. 1,43,400/- from Worldwide Machinery Solution Pvt. Ltd., therefore, a lessor amount shown in the Form No. 26AS wo....