9911796707
TMI Blog2014 (8) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... as per law - Matter remanded back - Decided in favour of assessee. - I.T.A. No. 813 /AHD/2013 - - - Dated:- 5-8-2014 - Shri G. C. Gupta And Shri Anil Chaturvedi, A.M.,JJ. For the Appellant : Shri Himanshu Shah A.R. For the Respondent : Smt. Sonia Kumar, Sr. D.R. ORDER Per Shri Anil Chaturvedi,A.M. 1. This appeal is filed by the Assessee against the order of CIT(A), Gandhinagar dated 09.01.2013 for A.Y. 2008-09. 2. The facts as culled out from the material on record are as under. 3. Assessee is a trust and proprietor of Radhe Packaging which is engaged in the business of manufacturing of corrugated boxes. Assessee filed its return of income for A.Y. 08-09 on 29.08.2008 declaring net loss of ₹ 78,03,6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Profit and Loss account and the TDS certificate as, income. Aggrieved by the order of A.O, Assessee carried the matter before CIT(A). CIT(A) confirmed the addition made by A.O by holding as under:- 5.1 The AO has noted from the Profit Loss A/c that the assessee has credited Job work income of ₹ 1,68,66,208/- and sales income of ₹ 75,45,163/- totalling ₹ 2,44,11,371/- whereas on verification ofTIDS certificate submitted by the assessee, it was observed that the assessee has received job work income of ₹ 2,51,41,393/-. Thus, apparently the assessee has short credited job work income of ₹ 7,30,022/- in the profit Loss A/c, The assessee was requested by the AO to submit the reconciliation statement for sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... absence of any explanation about the difference of income credited in the books of accounts. A.O has considered the difference of job work charges as reflected in the Profit and Loss account and TDS certificate as income of the Assessee. Before us, the ld. A.R. has submitted the reconciliation statement of its income. We also find that the aforesaid reconciliation was neither submitted by the Assessee before A.O nor before ld. CIT(A). We are therefore are of the view that in the interest of justice and fair play, the reconciliation statement needs to be examined and we therefore remit the issue to the file of CIT(A) so that the issue can be reexamined at his end and thereafter he decides the issue as per law. Needless to state that ld. CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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