2026 (7) TMI 1154

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....ter referred as "The Act"]. 2. The brief facts of the case are that the assessee had filed his return of income for A.Y. 2023-24 on 26.09.2023 declaring total income of Rs. 1,32,99,350/-. The case was selected for scrutiny under CASS to examine low net profit as compared to total revenue from operations. The assessee is engaged in business of sale and service of two-wheeler bikes & scooters of Hero Motors Limited as authorised dealer for Visnagar town. In the course of assessment, the AO noticed that as per Form 26AS commission of Rs. 15,36,252/- was received by the assessee from Hero Fincorp, on which TDS was deducted u/s 194H of the Act. However, the assessee had declared commission receipt of Rs. 12,92,965/- only in its account. The d....

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....cution without giving proper opportunity of hearing and without giving any reasons on merits of the case. 3. The appellant craves leave to add, amend or delete any ground of appeal at the time of hearing, if need arise. 5. Shri Rushin Patel, the Ld. AR of the assessee submitted that the difference of Rs. 3,10,028/- on account of commission and insurance commission as reflected in the accounts of the assessee vis-à-vis Form No. 26AS was due to the reason that the assessee had issued bills for this amount in the next year and this difference was accounted for by the assessee in the financial year 2023-24. He submitted that due to addition of Rs. 3,10,028/- made by the AO in the A.Y. 2023-24, this amount was subjected to dou....

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....onsidered the rival submissions. So far as addition of Rs. 3,10,028/- on account of suppression of commission and insurance commission is concerned, there is no dispute. The assessee has accepted this addition and no appeal has been preferred in the current year. The precise question to be decided is whether there was any underreporting or misreporting of income in the current year. The assessee had also admitted that it had claimed credit for TDS on the entire commission/insurance commission, including the amount of Rs. 3,10,028/- which was added by the AO in the course of assessment. According to the assessee this amount of Rs. 3,10,028/- was reflected in the accounts of next financial year. If that is so, the assessee has not explained a....