9911796707
TMI Blog2013 (10) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... out facts, there was no fault on the part of the assessee. - I.T.A. No.206 of 2012 (O&M) - - - Dated:- 27-9-2013 - Rajive Bhalla And Dr Bharat Bhushan Parsoon, JJ. For the Appellant : Mr. Rajesh Katoch, Adv For the Respondent : Mr. Pankaj Gupta, Adv JUDGEMENT:- PER : Rajive Bhalla The revenue challenges orders passed by the Income Tax Appellate Tribunal, Chandigarh (for short, the Tribunal) and the Commissioner of Income Tax (Appeals) reversing the order passed by the Assessing Officer pertaining to assessment year 2008-09. The revenue has framed the following substantial questions of law: (i) Whether on the facts and in law, the Hon'ble Income Tax Appellate Tribunal is justified in deleting the addition of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08. We have heard counsel for the parties, perused the impugned orders and find no reason to interfere much less to hold that substantial questions framed by the revenue arise for adjudication. The Assessing Officer, issued a notice under Section 143 (2) of the Income Tax Act, 1961 and held that as the assessee has received TDS certificates in the financial year 2007-08, but has not disclosed money receipts in respect thereof, the assessee is liable to pay tax, penalty and interest. Aggrieved by this order, the assessee filed an appeal before the Commissioner of Income Tax (Appeals). The assessee placed his account books before the Commissioner of Income Tax (Appeals) and pleaded that TDS certificates received in financial year 2007-08 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning to lottery schemes run in F.Y. 2005-06. The AR also highlighted the column two of the letter of Director, Punjab State Lotteries referred to by the AO which records the year in which the said amount has been sanctioned. For instance an amount of Rs. 16,023,00/- as prize winning ticket (PWT) was sanctioned in F.Y. 2007-08 but it pertain to Baisakhi Bumper 2005 and the said amount of Rs. 16,023,00/- had been recorded in the assessee's books in F.Y. 2005-06 as the claimed for Baisakhi day bumper was due on 14.4.2005. 7. In order to verify the claim of the appellant that income pertaining to TDS certificate 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The revenue thereafter filed an appeal before the Tribunal which was dismissed, thereby affirming findings recorded by the Commissioner of Income Tax (Appeals). A perusal of the above extracts reveals that amounts received are duly reflected in account books for the relevant assessment years. The assessee having proved that TDS certificates, issued late, pertain to receipts reflected in the account books for assessment year 2006-07, the impugned orders, based upon a detailed appraisal of the account books are legal and valid. An argument raised by counsel for the revenue that the matter 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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