2019 (1) TMI 1473 - HC - Income Tax

Addition of undisclosed receipt - Difference in total receipts as per books of accounts and receipts as per 26AS - Held that - Tribunal on consideration of the aforesaid has held that the CIT(A) has considered specific fact of discrepancy in the amount shown in the 26AS in comparison to the books of account. The bills including service tax were raised and the TDS was deducted inclusive of service tax amount of ₹ 1,61,36,763/-. The revenue has not brought any fact or material to contradict the factual details recorded by the CIT(A). The appeal of the revenue was therefore dismissed by the Tribunal. Even though the learned counsel for the appellant-revenue has reiterated the same arguments which were raised before the Tribunal but on consideration of the material on record, we do not find any substantial question of law arising in the present appeal. The appeal is therefore dismissed.

Summary

Issues:
1. Discrepancy in total receipts declared by the assessee.
2. Addition made by the assessing officer on account of undisclosed receipt.
3. Appeal before Commissioner of Income Tax, Appeals-I, Jaipur.
4. Deletion of addition by CIT(A) and Tribunal.
5. Justification for the difference in receipts as per books of accounts and receipts as per 26AS.
6. Discrepancy in receipts declared in income tax return and service tax return.
7. Accounting treatment affecting the declared receipts.
8. Consideration of material on record by the Tribunal.
9. Lack of substantial question of law in the appeal.

Analysis:

1. Discrepancy in Total Receipts:
The respondent-assessee declared total income with a discrepancy in receipts compared to ITS data. The assessing officer observed a difference in total receipts leading to an addition of undisclosed receipt. The CIT(A) allowed the appeal, deleting the addition, which was upheld by the Tribunal.

2. Undisclosed Receipt Addition:
The assessing officer made an addition of &8377; 72,76,821/- on account of undisclosed receipt. The CIT(A) deleted this addition, which was further upheld by the Tribunal, leading to the appellant-revenue's appeal before the High Court.

3. Appeal Before CIT(A) and Tribunal:
The appellant-revenue filed an appeal before the CIT(A) after being aggrieved by the assessing officer's addition. The CIT(A) allowed the appeal, leading to the appellant's further appeal before the Tribunal, which was dismissed.

4. Deletion of Addition by CIT(A) and Tribunal:
Both the CIT(A) and the Tribunal deleted the addition made by the assessing officer, emphasizing the discrepancy in receipts and the lack of justification provided by the assessee for the difference.

5. Explanation for Discrepancy in Receipts:
The CIT(A) highlighted the discrepancy in receipts as per books of accounts and receipts as per 26AS, attributing it to differences in accounting treatment regarding service tax payments.

6. Discrepancy in Income Tax and Service Tax Returns:
The appellant showed discrepancies in receipts between income tax and service tax returns, with issues related to service tax deductions and invoices raised, leading to differing amounts declared.

7. Accounting Treatment Impact:
The difference in receipts declared was due to the appellant's accounting treatment based on mercantile basis for books of accounts and collection basis for service tax returns, resulting in discrepancies in declared receipts.

8. Consideration of Material by Tribunal:
The Tribunal considered specific facts regarding discrepancies in receipts and TDS deductions, upholding the CIT(A)'s decision to delete the addition. The Tribunal found no contradicting material brought by the revenue.

9. Lack of Substantial Question of Law:
Upon review of the material on record, the High Court found no substantial question of law in the appeal, leading to the dismissal of the appeal by the appellant-revenue.

This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the case and the decisions made at each stage of the appeal process.