2024 (5) TMI 588

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Revenue : Shri Sandip Kumar Mishra, Sr. DR ORDER PER M. BALAGANESH, A. M.: 1. The appeal in ITA No. 5541/Del/2018 for AY 2014-15, arises out of the order of the Commissioner of Income Tax (Appeals)-35, New Delhi [hereinafter referred to as 'ld. CIT(A)', in short] in Appeal No. 416/2016-17 dated 29.06.2018 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (h....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....k Profits of Rs 2,42,55,251/- u/s 115JB of the Act. The assessee maintains its books of accounts in SAP software and financial statements are drawn based on the figures reflected in SAP software. The assessee claimed TDS of Rs 17,16,346/- on its receipts in the income tax return filed on the basis of Form 26AS but considered in SAP software. The ld. AO observed that there was some difference in gr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d accordingly accounted for in the SAP software in Asst Year 2015-16. But since the corresponding TDS is reflected in Form 26AS, the same was claimed by the assessee in the return for Asst Year 2014-15. It was also submitted that in SAP software, there is no scope for passing any backdated entries by the assessee. It was also submitted that as far as the income offered to tax is concerned, the ass....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ther with TDS thereon from Page 85 of the Paper Book. Further the assessee had filed additional evidences under Rule 29 of the Income Tax Appellate Tribunal Rules 1963 furnishing further details party wise. These additional evidences, in our considered opinion, are crucial for adjudication of the issue in dispute before us but these details were admittedly not filed before the ld. AO. The same req....