2022 (11) TMI 908

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....h for your kind perusal where gross receipts and TDS in the name of firm is NIL) and assessment order has been passed on protective basis with consideration of the gross receipts of rupees 2,01,39,388.00 in the individual name (Xerox copy of regular assessment order of individual PAN AMCPK8313J enclosed here with for your kind perusal) and books of accounts maintain by the assessee and audited the same in the individual name (Xerox copy of audit report along with trading and profit & loss account and balance sheet of individual enclosed here with for your kind perusal) now assessing officer passed one more regular assessment order on substantive basis in the name of firm (PAN ABAFS2676P) on same gross receipts. Assessee firm filed all neces....

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....ng and profit & loss account, balance sheet and audit report of individual return and a copy of 26AS in the name of individual enclosed herewith for your kind consideration where all payments and TDS posted in the name of SATISH KUMAR). 4. BECAUSE, base of the assessing officer is 26AS of the firm where by mistake of employer/department some entry was posted in the PAN of firm instead of individual PAN 26AS of firm's PAN (ABAFS2676P) was reflected the some entries after make a complaint to employer/department they had been deleted the entries from firm's PAN (ABAFS2676P) and transferred the same entry to individual PAN (AMCPK8313J) and assessee informed to assessing officer at the time hearing of case of firm but assessing officer....

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....ever, it was found that as per Form 26AS, TDS was reflected in the case of Firm M/s Satish Kumar Contractor. The assessee has filed explanation stating that there was Supplementary Partnership Deed dated 01.04.2007 made by Clause 5 of the Deed was mandate. For this explanation, it was further stated that the assessee has not carried out any work for the year under consideration. Therefore, the assessee cannot be fastened the liability of taxes. This explanation of the assessee was not accepted by the AO. He therefore, computed the business income of Rs.16,11,151/- and further interest income of Rs.18,045/-. Thus, the AO assessed income at Rs.16,29,200/- of the assessee. 4. Aggrieved against this, the assessee preferred appeal before Ld.CIT....