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TMI Blog2019 (2) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... ind the CIT(A) in a very cryptic order, rejected the voluminous details filed before him on the ground that the issue of difference between the two figures does not get resolved. This type of action on the part of the CIT(A) is not justified especially when the assessee has submitted the requisite details before him substantiating the difference and reconciliation thereof. Therefore, set aside the order of the CIT(A) and direct the AO to delete the addition. - Decided in favour of assessee. - ITA No.1660/Del/2018 - - - Dated:- 19-12-2018 - Shri R.K. Panda, Accountant Member For the Assessee : Shri Ved Jain, Advocate For the Revenue : Shri P.S. Thoingaleng, Sr.DR ORDER This appeal by the assessee is directed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... except due to clerical error, turnover of ₹ 12,44,899/- omitted to be shown. This is a mistake apparent on our part. Without turnover, the profit cannot arise, which is being reflected by the ITR and tax paid is ₹ 22,230/-. 5. As per Books of Accounts of the firm for the year ended 31/03/2009, turnover of ₹ 12,44,899/- is being shown, which is including service tax @ 10%. Total sales including service tax is ₹ 14,07.486/-. Form 26AS is showing payments of ₹ 6,31,750/- realized against sales made in FY 2007-08, which is realized in current year ended 31/03/2009 is receivable from debtors as opening balance. 4. The Assessing Officer, thereafter, asked the assessee to produce the original copies of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertains to the payments pertaining to preceding year, the assessee should have disclosed gross receipts of only ₹ 9,73,513/-. The assessee has failed to reconcile the difference. (iii) During the preceding year, the assessee did not file the return of income. As per her own version, she received gross receipts of ₹ 6,31,750/-. Copy of Form 26AS for FY 2007-08 shows that she received gross receipts of ₹ 2,88,464/-. It means that the total gross receipts of the assessee for FY 200708, as per her own calculation was ₹ 9,20,214/-. The assessee has shown NP @ 27.94% during the year under consideration. Applying the same NP ratio for AY 2008-09, the NP should have been 2,57,107/-, which was well above the taxable limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r book and drew my attention to the list of sundry debtors where the opening balance was shown at ₹ 6,31,750/- in respect of seven debtors. Referring to pages 44,59,63,68,73,74 and 81 of the paper book, he drew the attention of the Bench to the opening balances as shown in the ledger account of the above parties. Referring to page 3 of the paper book, he drew the attention of the Bench to the Profit Loss Account where the assessee has shown income of ₹ 12,44,899/- for the period ended 31st March, 2009. Referring to page 13 and 14 of the paper book, he drew the attention of the Bench to the reconciliation of the receipts as per books of account of the F.Y. 2009-10 with Form No.26AS. Referring to page 82-83 of the paper book, he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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