2021 (8) TMI 1099

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ddition of Rs. 7,41,78,940/- u/s 68 of the Act. 3. The addition has been made by the ld AO on account of difference in total revenue shown as per the books of account of the assessee and income shown in Form No. 26AS for that year. 4. The brief facts of the case shown that the assessee is a company engaged in the business of providing telecom services. It filed its return of income on 29.09.2013 showing total income of Rs. 9,51,50,122/-. The assessment u/s 143(3) of the Act was passed on 31.03.2016 wherein, the ld AO has made the addition of Rs. 7,41,78,940/- to the total income of the assessee. The addition are as under:- a. The addition of Rs. 36,65,400/- on account of receipt by the assessee from Tata Teleservices Ltd of R....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... income recognized in profit and loss Account are matched and therefore, he deleted the addition. The ld AO is aggrieved with that order and is in appeal before us. 6. The ld DR relied upon the order of the ld AO whereas the ld AR relied upon the order of the ld CIT (A). 7. We have carefully considered the rival contentions and perused the orders of the lower authorities. On the basis of the contents of order of the ld CIT(A) , we find that he has deleted the addition for the following reasons:- a. That the amounts of service tax shown in the invoice are not reflected to the extent of service tax included in the gross value of payment. b. With respect to certain invoices, which were pertaining to assessment year 2012....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he service tax is not the income of the assessee and therefore, it cannot be income to be shown in the profit and loss account of the assessee. Therefore, there is bound to be a difference to that extent. Further, there can be overflow of income of one preceding previous year in the current year in form 26AS. However, there cannot be overflow of income pertaining to the preceding previous year in the current previous year in the books of accounts of the assessee because assessee is maintaining books of accounts on accrual system of accounting. The ld AO should have considered the income shown by the assessee in the earlier year in its profit and loss account, when assessee has filed detailed reconciliation before the ld AO. The ld AO could ....