TaxTMI 
TaxTMI 
2025 (6) TMI 491
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....leged difference received from the contracts on the basis of entries in Form 26AS.The relevant grounds raised by the assessee reads as under:- "1. On the facts and in the circumstances of the case, the Commissioner of Income-tax (Appeals), hereinafter referred to as the CIT(A), has erred in confirming the addition of Rs. 54,39,870/-on account of alleged difference in the receipts from the contracts on the basis of the entries in Form 26AS 2. The CIT(A) has failed to appreciate the fact that the entries in Form 26AS were reflecting double deduction in respect of the same bills raised and accordingly the addition made is absolutely unjustified. The CIT(A) has failed to appreciate the detailed explanation and clarifications p....
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....he AR has been carefully perused and considered. It is an undisputed fact that the assessee is following mercantile system of accounting. The assessee has also booked the TDS by Wockhardt Hospitals Limited during the year under consideration. The reason given by the assessee for claiming the TDS that it was due to practical and administrative aspects is not convincing and acceptable. The assessee has emphasized on the fact that the sales on which TDS was deducted for A.Y. 2012-13 has been offered in A.Y.2013-14 and therefore, there is no revenue loss. The assessee's explanation is not acceptable as the assessee has Indulged in systematic postponement of tax liability. As such, the undisclosed sales of Rs. 54,39,879/- is added to the inc....
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....n manner and ld. AO should have verified the books of accounts, entire contract work carried out and the bills raised as per the contract work. During the year assessee had carried out contract for Wockhardt Hospitals Limited (WHL). The contract work was carried over for two years and when the sales are booked for two years and if total sales as per Form 26AS for both years are by and large matching and in fact it can be seen that total sales booked by the assessee is slightly higher by few amount. The assessee had claimed TDS on the basis of Form 26AS only with a view to address the administrative and system compulsions which could have arisen due to computerized processing of returns and the manner in which TDS credits are allowed by the ....
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....tain adjustments to the "Bills booked are made as per the "Work certification" through Debit notes. 4. For A.Y 2012-13, the differential amount along with the effect of TDS gets suitably adjusted later on during the tenure of the contract. 7. However, the reply of WHL is silent on the issue of double deduction. The assessee has also given tabular presentation of figures of four years gross receipt as per 26AS and amount as per books and pointed out that certain amount pertain to the earlier year where tax was deducted for A.Y.2014-15. The tabular presentation of four years was as under:- Asst year Gross as per 26AS WHL amount as per books 2O11-12 (FY 10-11) 1573939.00 1573928.59 2O12-13(FY 11-12) 54274772....
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.... 27 13-12-11 35,87,114 53,41,695 However again TDS deduction is made on 19-3-2012 on Civil work part of the Bil - Rs. 45,66,464/- which is reflected at Entry No. 2 As such, there is double deduction of TDS for Rs. 45,66,264/- once as part of Rs. 53,41,695/- and once independently on 19-3-12 (a) Interim Bil Dt. 7-11- 2011 at Page No. 28 & 29 of paper book (b) Form 26AS - Entries on Page No. 12 &: 13 of paper book 2 2,88,418 Sr. No. 4 Sr. No. 18 Interim Bill dated 21-11-2011 for Rs. 15.04.885/- consists of two parts - (a) Rs. 2.38,418/- for Chhaja Work and (b) Rs. 12,16,467/- for Scafolding Work. The interim bill is given on Page Nos. 30 & 31 of paper book TDS deduction is made on ....
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.... 10. We find that nowhere the ld. CIT(A) has taken into consideration the assessee's explanation with regard to double taxation TDS on the interim bill and other in the final bill. Apart from that, it is seen that if over all contract receipt is seen is spread over the year of contract work carried out then there is no difference in the contract receipts. In any case from the bare perusal of Form 26AS there are multiple deduction appearing in the amount of Rs. 54,39,879/-. For instance, there was double deduction of TDS for Rs. 45,66,264/- once as part of Rs. 53,41,695/- and again independently on 19/03/2012. There are other double deduction of TDS which has been explained in the aforesaid chart. All these explanation and re-conciliation ....