2022 (10) TMI 282 - AT - Income Tax

Undisclosed contract receipts - contract receipts as per TDS certificate was not disclosed in its return of income - tax wrongly deducted on amount of service tax and VAT - incorrect assuming of contract amount from form no. 26AS as undisclosed contract income - CIT-A deleted the addition - HELD THAT - As noted that during the appellate proceedings, the assessee submitted the reconciliation of TDS figures, which were considered by ld CIT(A) in the context of Form No.26AS. In some cases there was arithmetical mistake on the part of AO in making addition which was noted by ld CIT(A) and accordingly addition made by the assessing officer were deleted by ld CIT(A). We do not find any error in the conclusion reached by ld CIT(A). That being so, we decline to interfere with the order of Id. CIT(A) in deleting the aforesaid additions. His order on this addition is, therefore, upheld and the grounds of appeal of the Revenue are dismissed.

Issues:
1. Addition made on account of undisclosed contract receipts.
2. Maintaining accounts on mercantile basis and tax implications.
3. Discrepancies in contract amounts as per form 26AS and books of accounts.
4. Tax wrongly deducted on service tax and VAT.
5. Incorrect assumption of contract amount from form no. 26AS.

Analysis:
1. The appeal filed by the Revenue challenged the order passed by the Commissioner of Income Tax (Appeals) concerning the addition made on account of undisclosed contract receipts for the assessment year 2013-14. The Assessing Officer noted a difference in total contract receipts received by the assessee, leading to the addition of undisclosed receipts. The Principal Commissioner provided opportunities for explanations, which the assessee failed to avail. The Assessing Officer held that since the assessee follows the mercantile system of accounting, all credits should be declared accordingly. The undisclosed receipts were added to the total income of the assessee. However, the CIT(A) deleted this addition, leading to the Revenue's appeal.

2. The discrepancies in contract amounts as per form 26AS and books of accounts were also a point of contention. The AO made an addition based on the form 26AS data, despite explanations provided by the assessee. The CIT(A) analyzed the details and found that the outstanding payment subjected to TDS by the contractee had already been taxed in the previous assessment year. As a result, the addition made by the AO was deemed unnecessary, and it was deleted by the CIT(A).

3. Another issue involved tax wrongly deducted on service tax and VAT, leading to an addition by the AO. The CIT(A, after reviewing documentary evidence, concluded that the contract receipts were rightly shown in the Profit and Loss Account, and there was no basis for sustaining the addition. Therefore, the addition was deleted by the CIT(A).

4. The incorrect assumption of the contract amount from form no. 26AS also led to an addition by the AO, which was challenged in the appeal. The CIT(A) reviewed the facts from form 26AS and found an arithmetical mistake in the AO's calculation, leading to the deletion of this addition as well.

5. The CIT(A) considered the reconciliation of TDS figures submitted by the assessee during the appellate proceedings and found no errors in the conclusions reached. The additions made by the AO were deemed unjustified, and the CIT(A)'s decision to delete these additions was upheld. Consequently, the appeal of the Revenue was dismissed, and the order of the CIT(A) was upheld.

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