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TMI Blog2014 (1) TMI 1595X X X X Extracts X X X X X X X X Extracts X X X X ..... rd -BPCL had issued monthly statements showing recovery towards diesel charges - The contract with BPCL also reflected that the same was as per the contract - The lower authorities have correctly decided the issue based on findings - Decided against Revenue. Suppression of income - Held that:- The TDS certificate as well as certificate issued by Yatayat Sangam Petrol Pump clearly reflects that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? {B} Whether in the facts of the case and in law, the ITAT was justified in deleting the addition of Rs. 19,73,500/= made by the Assessing Officer on account of suppression of income ? We have extensively heard Shri Desai, learned counsel for the Department. The first question pertains to addition of Rs. 24,06,834/= made by the Assessing Officer on account of net disclosed income of dies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e concurrently and rightly held the issue in favour of the assessee. The respondent assessee was to receive the gross freight amount from BPCL with whom he had a contract. However, instead of which, the net amount was paid by the BPCL to the assessee and the payment was made directly to the Petrol Pump on the basis of Fleet Card. It also needs to be noted that BPCL was not maintaining separate led ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This was when carried to the CIT [A], it noticed that the TDS certificate as well as certificate issued by Yatayat Sangam Petrol Pump clearly reflects that the amount has been received by them directly from BPCL and not from the assessee, and therefore, it deleted such addition as the said addition would amount to double addition. The Tribunal noted that the issue is related to the previous one ..... X X X X Extracts X X X X X X X X Extracts X X X X
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