TaxTMI 
TaxTMI 
2022 (3) TMI 655
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....nt of ongoing COVID-19 pandemic situation in the country. 3. The grounds of appeal raised by the assessee before us are as under:- "1. The ld. CIT(A) erred in law as well as on the facts of the case in confirming the addition, so made, of Rs. 18,78,750/- & 15,23,978/- on account of difference between the amount reflected as per TDS Form 26AS and receipts recorded in books of accounts. The addition so made and confirmed by the CIT(A) being totally contrary to the provisions of law and facts of the case, kindly be deleted in full. 2. The ld. CIT(A) erred in law as well as on the facts of the case in confirming the lumpsum disallowance of Rs. 2,00,000/-. The disallowance so made and confirmed by the CIT(A) being totally co....
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....Affordable Homes. Considering that the party has also booked that amount in their books as confirmed under enquiry made u/s 133(6) of the Act. In another case addition in respect of M/s Bhairav Township Pvt. Ltd, the Assessing Officer has observed that there is a difference between income offered and expenses booked. Therefore, he has derived the figure of addition at Rs. 15,23,978/- being the difference of the expenses booked and income offered, the same is derived as under:- "A.Y Income Expenses 2011-12 37,80,000/- 6,04,000/- 2012-13 10,70,00,00/- 15,39,99,78/- 1,44,80,000/- 1,60,03,978/- A B-A 15,23,978/- (Short declared turnover)" 5. While dealing with the ground for these tw....
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....has also confirmed the finding of the AO in respect of the lumpsum addition of Rs. 2 lac without giving any separate findings. 8. Being aggrieved from the order of the ld. CIT(A), the assessee has moved an appeal before the Co-ordinate Bench wherein the contentions of appellant as appearing in paper book are as under:- "1. Accounts not rejected by the AO: At the outset it is submitted that the assessee has maintained proper books of account which are duly audited u/s 44AB of the IT. Act. Complete books of accounts along with purchase bills, contract receipts bills, vouchers and other registers maintained by the assessee were produced before the AO in the course of assessment proceedings as admitted by him at top of the Pg-2. Mor....
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....21), (DPB?) 9. Before us, the Revenue has relied upon two case laws as under:- * Rah Jajharia E to E JV [2017] ITA No. 1848/Kol/2017 of the ITAT, Kolkata dated 21.12.2017. * Surendra S. Gupta [2018] 93 taxmann. com 456 (Mumbai Trib.) Wherein the 1st case as relied is related to the TDS credit on account of mobilization advance and in another case the allowing of TDS credit to the assessee whereas in these case, there is no such observation made by the Assessing Officer is only in respect of income reflected in the books as compared 26AS in one case & other additions is made on different facts of comparision of expenses. Therefore, these decisions are on different facts and we have considered the same as relied upon by t....
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....ing point for appropriate inquiry which in this case made and explained by the assessee & reconciliation to that want also made. There is nothing more than this information input which has been put against the assessee. We have noted that the audited books of accounts and reconciliation and the various entities contract amount offered for tax over a period & time. Only difference between the contract value of each party matches over a period of time irrespective of the year offered by the assessee and therefore, grievance of the Revenue that the assessee has not offered correct income is fully explained by the assessee by filing the chart at page No. 5 of the assessee's written submissions which is reproduced hereinbelow. Reconciliation ....
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....ssion carefully. In view of the facts discussed by the AO in the assessment order, I am of the considered view that the AO has been most reasonable in making disallowance of Rs. 2 lac only out of the expenses debited under the head "travelling expenses (Rs. 2,13,510), consumable expenses (Rs. 2,84,510/-), conveyance expenses (Rs. 5,42,280) diesel expenses (Rs. 5,45,800) and staff welfare expenses (Rs. 4,54,050)". Therefore, the disallowance of Rs. 2 lac made by the AO is hereby confirmed." 13. It is apparent that on the best the reason known ld. CIT(A), he has not considered the contentions of the assessee that the books of accounts are being audited and no single defects found in the bills vouchers etc. produced before the Assessing Off....