2010 (2) TMI 930 - AT - Income Tax

TDS - discrepancy between the gross receipts as per the TDS certificate and as credited to the profit and loss account - appeal by the Revenue is against the deletion of addition of Rs. 63, 76, 387 made by the Assessing Officer on account of difference in gross receipts as per the TDS certificate and that shown in the profit and loss account Held that - Merely because credit was claimed for tax deducted at source it does not mean that the corresponding income is chargeable to tax. Since the income is chargeable to tax on the basis of the method of accounting regularly followed by the assessee and in respect of which no discrepancy has been noticed by the Assessing Officer the addition was rightly deleted by the learned Commissioner of Income-tax (Appeals) appeal and the cross-objection are dismissed

Summary

Issues:
1. Validity of reassessment under section 147 of the Income-tax Act.
2. Deletion of addition of Rs. 63,76,387 made by the Assessing Officer on account of difference in gross receipts as per the TDS certificate and that shown in the profit and loss account.

Issue 1: Validity of reassessment under section 147 of the Income-tax Act.
The appeal and cross-objection in this case were directed against the order of the Commissioner of Income-tax (Appeals) regarding reassessment under section 147 of the Income-tax Act. The assessee challenged the initiation of reassessment, arguing that the reasons recorded for reassessment were without any basis. The Departmental representative contended that the reassessment was valid based on specific information that income had escaped assessment due to the difference between TDS credit and profit and loss account. The Tribunal held that the reassessment was valid as the Assessing Officer had specific information justifying the reassessment, and the case laws cited by the assessee were distinguishable. The reassessment was deemed valid as it was based on the subjective satisfaction of the Assessing Officer.

Issue 2: Deletion of addition of Rs. 63,76,387 made by the Assessing Officer.
The addition of Rs. 63,76,387 was made due to the variance between the gross receipts in the TDS certificate and the profit and loss account. However, the assessee explained that the difference arose from the accounting treatment of freight receipts, where TDS was deducted on the entire amount paid by clients, including freight charges. The Tribunal noted that the Assessing Officer rejected the explanation on flimsy grounds, despite the detailed submission and verification of documents. The Commissioner of Income-tax (Appeals) found the explanation reasonable and logical, ultimately deleting the addition. The Tribunal upheld the deletion, emphasizing that the income should be assessed based on the regular accounting method employed by the assessee, and the discrepancy was reconciled by the assessee, leading to the rightful deletion of the addition.

In conclusion, the Tribunal dismissed both the appeal and cross-objection, affirming the validity of reassessment under section 147 and the deletion of the addition made by the Assessing Officer based on the reconciled discrepancy in gross receipts.