TaxTMI 
TaxTMI 
TaxTMI 
2022 (3) TMI 655
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.... 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 contrary to the provisions of law and facts of the case, k....
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....unt 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 two additions, the ld. CIT(A) observed in his order at para 4.3 and has confirmed the addi....
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....iving 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. Moreover, the assessee consistently has not been showing Closing WIP since earlier years. The method and manne....
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....* 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 the ld. DR. As regards, the addition of Rs. 2,00,000/-, the ld. DR has relied upon and vehemently argued that the said disallowance of Rs. 2,00,000/- is required to be sustained as per the findi....
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....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 Chart as per Assessee F.Y. Siddhi Vinayak Bhairav Township As per Books As per 26AS Variance As per Books As per 26AS Variance 2011-12 3....
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....l 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 Officer. Assessment proceedings no expenses so personal nature of the expenses brought on record. No defect in any of the voucher in nature and expended is placed on record and in absence of any such observations, the ld. Assessing Officer as well as ld. CIT(A) has erred in law as well as on facts in making /confirming disallowance of Rs. 2,00,000/-....