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TMI Blog2013 (10) TMI 419X X X X Extracts X X X X X X X X Extracts X X X X ..... J. For the Appellant : Shri Mehul. K. Patel For the Respondent : Shri P. L. Kureel, Sr. D. R. ORDER Per Shri Anil Chaturvedi,A. M. 1. This appeal is filed by the Assessee against the order of CIT(A)-IV, Ahmedabad dated 21.01.2009 for A.Y. 2003-04. 2. The facts as culled out from the order of lower authorities are as under. 3. Assessee is a firm deriving income from transport business on commission basis. It filed its return of income for A.Y. 2003-04 on 29.10.2003 declaring total income of Rs. 25,000/- The case was selected for scrutiny and thereafter the assessment was framed under section 143(3) vide order dated 23.02.2006 and the total income was determined at Rs. 4,37,270/-. Aggrieved by the order of Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounted for entire receipts as per TDS certificate. He also noticed that on identical facts in A.Y. 2001-02 addition was made by the A.O. and was confirmed by CIT(A). He accordingly considered the difference of Rs. 13,77,126/- between the receipts as per TDS certificates and the books of accounts to be unexplained/undisclosed income of the Assessee and added to the total income. Aggrieved by the order of Assessing Officer, Assessee carried the matter before CIT(A). CIT(A) dismissed the appeal of the Assessee by holding as under:- 3. I have carefully considered the contentions of the learned counsel as well gone through the records. On perusal of assessment order, it has been noticed that there were discrepancies in the gross receipts as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts clients. He submitted that the clients deduct TDS at the time of making payment whereas the Assessee considers the income as and when it raises the bill as it follows mercantile system of accounting. He therefore submitted that the case of Assessee cannot be considered to be one where the Assessee has not disclosed the income. He also placed on record the chart showing details of sales as per the books of account, amount as per TDS certificates and its reconciliation. From the aforesaid chart, he pointed out at the Assessee has booked sales of 2,51,00,000/- as against the amount of Rs. 1,44,00,000/- has shown as per the TDS certificate. He also submitted the details for A.Y. 2004-05 and 05-06. He thus reiterated that based on the account ..... X X X X Extracts X X X X X X X X Extracts X X X X
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