9911796707
TMI Blog2017 (8) TMI 1635X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be examined by the lower authorities with reference to books of account maintained by assessee, then only it is possible to say whether assessee has unaccounted the receipts shown in the TDS certificate produced by it. Accordingly, in the interest of justice, we remit the entire issue in- dispute to the file of AO with a direction to assessee to explain the additional receipts shown by the assessee and additional expenditure claimed by assessee with reference to the books of account maintained by the assessee. Accordingly, the issue in dispute is remitted to the file of AO for fresh consideration to decide the same after giving opportunity of hearing to assessee. Appeal of assessee is partly allowed for statistical purposes. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is fact was stated by the learned CIT(A) in the order. 5. The learned CIT(A) has erred in concluding that the entries highlighted in the ledger accounts in the appellant's book do not match with the entries in the bank statement of the appellant. 6. The learned CIT(A) has erred in not appreciating the fact that the bills/invoices in connection with reimbursements were submitted before the learned CIT(A). 7. The Appellant craves leave to add, to alter or amend all or any of the aforestated grounds of appeal. For the above and any other grounds which may be revised at the time of hearing, it is prayed that the order of the learned CIT(A) be set aside . 2. The facts of the case are that, the assessee-company admitted gross rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said amount (Reimbursement of expenses account). If those two items were netted off, effectively an income of ₹ 22,06,093/- was offered to tax. This was netted off against the proposed addition. Hence, the net difference of ₹ 1,86,58,863/- was treated as income of the assessee. Against the same, assessee went in appeal before the CIT(A). 3. The Ld.CIT(A) confirmed the order of the AO by observing that the assessee submitted that this amount reflect the expenditure incurred Electricity Charges and diesel charges. As per the agreement these expenditures were supposed to be reimbursed by the Telecom Operators like Idea Cellular Limited, Vodafone Essar Limited, Spice Communication Tata Teleservices etc. 3.1. The Ld.CIT(A) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes and there cannot be any addition towards any difference. 4.1. In our opinion, the argument of Counsel for assessee is not verified by the lower authorities and the turnover and expenditure shown by the assessee through the revised statement of account before AO was unvouched and it is required to be examined by the lower authorities with reference to books of account maintained by assessee, then only it is possible to say whether assessee has unaccounted the receipts shown in the TDS certificate produced by it. Accordingly, in the interest of justice, we remit the entire issuein- dispute to the file of AO with a direction to assessee to explain the additional receipts shown by the assessee and additional expenditure claimed by assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
