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TMI Blog2020 (2) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... a base maintained by the Income-tax Department and the income as is reflected in its books of account. The assessee has discharged its primary onus/burden and the assessee could not be asked to do impossible. Secondly the Tribunal held that there could be differences in the accounting policy followed by the taxpayer and its clients who have deducted Income-tax at source on behalf of the taxpayer as well wrong mention/punching of the permanent account number of the tax payers by the clients while filing the TDS returns with the Department. One of the reasons for differential could be that the clients have deducted TDS on the gross amount inclusive of service tax while the income is reflected by the taxpayers exclusive of service tax. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e business of construction and property development. It filed its return of income, declaring ₹ 99,80,689/-. During the assessment proceedings, the AO noticed that the Rental Facility Income derived from the following customers, as reflected in 26AS (a form in which the person making payment to the Assessee declares the sum payable/paid and tax deducted on such payment) is more that the amount reflected in the books of accounts of the assessee. The following were the discrepancy noticed by the AO:- Sl. No. Name of the Customer Rent as per Book Rent as per 26AS 1. Dominos Pizza India Limited 21,96,109 22, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the payments are received by cheques and that there has been no omission whatsoever. 5. The AO rejected the contentions raised by the assessee and made an addition of ₹ 5,98,398/-. 6. The CIT(A) sustained the additions and hence the present appeal by the assessee before the Tribunal. The learned Counsel for the assessee submitted that out of 29 customers, these mistakes were found only in 7 customers. The gross revenue under Facility Income was ₹ 5.49 Crores and there can be no probability of Assessee not disclosing ₹ 5,98,398/-. The difference is on account of the fact that some customers, in 26AS have disclosed the gross payment, including Service Tax whereas, in the Books, the Assessee had shown the net amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee and the lessee. No defect whatsoever has been pointed out by the Revenue authorities in the books of accounts of the assessee. In such circumstances, the impugned addition cannot be sustained as held by the ITAT, Mumbai Bench in the case of TUV India (P.) Ltd. (supra). The Tribunal on an identical addition made to the total income on the basis of mismatch of receipts as per Form 26AS and the receipts shown by the Assessee firstly held that the assessee has done all what best it could do to discharge its onus/burden which lay under the provisions of the 1961 Act by submitting reconciliation statements as well explaining the reasons for differential between the income as is reported in Form No. 26AS information as per the data bas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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