2013 (10) TMI 419 - AT - Income Tax

Mercantile system of accounting - AO noticed that there were discrepancies in receipts shown in the books of accounts of the Assessee and as per the TDS certificate issued to Assessee by the companies. The Assessee was asked to reconcile the total receipts with the TDS certificates. Held that - Submissions of the assessee and the TDS reconciliation statement filed by the Assessee along with the method of accounting followed for booking the income and claimed of TDS credit needs verification - Remitted the issue to the file of A.O.

Summary

Issues:
Appeal against order of CIT(A)-IV for A.Y. 2003-04.
Addition of undisclosed income due to discrepancies in receipts and TDS certificates.

Analysis:
The appeal was filed against the order of CIT(A)-IV for A.Y. 2003-04 regarding the addition of undisclosed income. The Assessee, a firm deriving income from transport business, had filed its return declaring total income of Rs. 25,000, but the assessment framed by the AO determined the total income at Rs. 4,37,270. The primary issue revolved around the discrepancies in receipts shown in the books of accounts and as per the TDS certificates. The AO found a difference of Rs. 13,77,126 between the receipts as per TDS certificates and the books of accounts, which was considered unexplained income and added to the total income.

Both grounds raised by the Assessee were interconnected and considered together. The CIT(A) dismissed the appeal by confirming the addition, highlighting the discrepancies in gross receipts and the failure of the Assessee to explain the differences adequately. The Assessee's contention of following a different accounting treatment was not accepted, and the CIT(A) upheld the addition of undisclosed income.

In the subsequent appeal before the ITAT, the Assessee argued that the differences in balances arose due to different accounting methods followed by the Assessee and its clients. The Assessee maintained that it followed the mercantile system of accounting, booking income when raising bills, while clients deducted TDS at the time of payment. The Assessee provided detailed reconciliations and submissions to support its case.

Upon hearing both parties, the ITAT found merit in the Assessee's submissions and directed the issue to be remitted to the AO for further verification. The ITAT emphasized the need to consider the Assessee's method of accounting for booking income and claimed TDS credit. The AO was instructed to re-examine the issue in light of the proper accounting method followed by the Assessee and grant adequate hearing opportunities.

Ultimately, the ITAT allowed the appeal of the Assessee for statistical purposes, indicating a favorable outcome for the Assessee in the ongoing dispute over the addition of undisclosed income.

This detailed analysis showcases the progression of the case from the initial assessment to the CIT(A) order and finally to the ITAT decision, focusing on the core issue of discrepancies in receipts and TDS certificates leading to the addition of undisclosed income. The ITAT's decision to remit the issue for further verification signifies a significant development in favor of the Assessee, highlighting the importance of accounting methods and proper verification in tax disputes.