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2014 (7) TMI 987 - AT - Income TaxAccrual of income / cash system of accounting - difference between income booked and as per TDS certificate - Suppression receipt Held that - CIT(A) was rightly of the view that it has been certified by the tax auditors that the assessee was having cash system of accounting - CIT(A) has observed that money has been retained by the principal there was no mistake in the order of the CIT(A), as the difference amount was retention money with the principal HIL and the assessee was following cash system of accounting, and that the CIT(A) has directed the AO to withdraw the credit of TDS granted to the assessee to the extent it pertains to the income not offered for tax - the order of the CIT(A) is upheld Decided against Revenue.
Issues:
1. Addition of undisclosed income on account of suppression receipt of the IT Act. Analysis: The appeal by the Revenue was against the order of the CIT(A) for the assessment year 2006-2007, focusing on the addition of Rs. 14,01,447 as undisclosed income. The Revenue argued that there was a difference in the receipts as per the TDS certificate and what the assessee had shown, leading to the undisclosed income. The assessee, on the other hand, contended that the difference arose due to following a cash system of accounting while the principal maintained books on a mercantile basis. The CIT(A) noted the cash system of accounting by the assessee, reconciliation of receipts and payments, and retention of money by the principal. Consequently, the CIT(A) directed the AO to withdraw the TDS credit related to income not offered for tax, leading to the deletion of the addition. The Tribunal upheld the CIT(A)'s decision, emphasizing the retention money with the principal, adherence to the cash system of accounting, and the direction to withdraw TDS credit for untaxed income. As a result, the Revenue's appeal was dismissed. Therefore, the Tribunal confirmed the CIT(A)'s order, dismissing the Revenue's appeal regarding the addition of undisclosed income due to a difference in receipts and the application of accounting systems by the assessee and the principal.
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