2020 (2) TMI 135

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.... Rental Facility Income derived from the following customers, as reflected in 26AS (a form in which the person making payment to the Assessee declares the sum payable/paid and tax deducted on such payment) is more that the amount reflected in the books of accounts of the assessee. The following were the discrepancy noticed by the AO:- Sl. No. Name of the Customer Rent as per Book Rent as per 26AS 1. Dominos Pizza India Limited 21,96,109 22,80,933 2. Fish and Chips Hotels Private Limited 5,39,504 5,68,469 3. East West Ethnic Foods Private Limited 7,75,135 9,84,426 4. Alliance Retail 6,06,147 6,45,877 5. Barista Coffee Company Limited 17,81844 19,01,886 6. Ample Med....

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....gross payment, including Service Tax whereas, in the Books, the Assessee had shown the net amount, including Service Tax. The amount shown in 26AS includes income rendered for "Other Services", besides "Facility Income". The Rental Facility Income does not include Income in respect of "Other Services", which had been disclosed under Miscellaneous Income". That the AO has not found out any mistakes in the Books of Accounts and in the absence of the same no addition should be made. There is no evidence whatsoever that the Assessee had received the entire amount disclosed by the customers in 26AS. It was submitted that the person who made payments to the Assessee (i.e., customers) might have committed a mistake while furnishing the information....

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....ifferential between the income as is reported in Form No. 26AS information as per the data base maintained by the Income-tax Department and the income as is reflected in its books of account. The assessee has discharged its primary onus/burden and the assessee could not be asked to do impossible. Secondly the Tribunal held that there could be differences in the accounting policy followed by the taxpayer and its clients who have deducted Income-tax at source on behalf of the taxpayer as well wrong mention/punching of the permanent account number of the tax payers by the clients while filing the TDS returns with the Department. One of the reasons for differential could be that the clients have deducted TDS on the gross amount inclusive of ser....