9911796707
TMI Blog2013 (10) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... er on the facts and in law, the Hon'ble Income Tax Appellate Tribunal is justified in deleting the addition of Rs. 91,84,558/- by observing that income pertaining to TDS certificates receiving during the financial year 2007-08 had been accounted for in the earlier years without verifying as to whether the said receipts are shown in the earlier years or not? (ii) Whether on the facts and in law, the Hon'ble Income Tax Appellate Tribunal was justified for accepting the claim of the assessee that the entire amount of Rs. 91,84,558/- has been disclosed in the earlier years but there is nothing on record except a sum of Rs. 16,02,300/- to suggest that the respective receipts have been shown in earlier years?" Counsel for the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks before the Commissioner of Income Tax (Appeals) and pleaded that TDS certificates received in financial year 2007-08 relate to amounts received and shown in its account books for financial year 2005-06. Taking cognizance of these facts and after examining the accounts in detail, the Commissioner of Income Tax (Appeals) accepted this plea, allowed the appeal and set aside the order passed by the Assessing Officer, by holding as follows: "6. The perusal of submissions made by the appellant shows that it has been basically claimed that the amounts recorded as sanctioned and credited in assessee's account for F.Y. 2007-08 as per the letter of Director, Punjab State Lotteries pertain to the schemes operated by the assessee in ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tificate received during the F.Y. 2007-08 had been accounted for in the earlier years, the AR was directed to file evidence in support of the same. The AR with reference to this filed the following reply: "In reference to above said appeal, your honour has asked us to submit the details of evidence showing that TDS amount of Rs. 1,22,384/- has been claimed in the F.Y. 2005-06. We are filing the copy of computation of income along with the copy of assessment order passed by the then Income Tax Officer u/s 143(3) for the A.Y. 2006-07. In the Income Tax Return for the A.Y. 2006-07 the assessee has claimed TDS of Rs. 1,53,322/-. Total amount of TDS of Rs. 1,53,322/- includes TDS of Rs. 1,22,384/- and TDS deducted by bank against i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter be remitted to enable the Assessing Officer to verify receipts recorded in account books for the financial year 2005-06, cannot be accepted as the matter has been considered in great detail. The Commissioner of Income Tax (Appeals) has only after appraising the account books and referring to each receipt and TDS certificate, set out facts in a tabulated form and only after satisfying himself as to the bonafides of the assessee's plea held that there was no fault on the part of the assessee. We find no reason to hold that findings of fact recorded by the Commissioner of Income Tax (Appeals), affirmed by the Tribunal are erroneous whether in fact or in law or that the substantial questions of law framed arise for adjudication. As a con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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