2017 (8) TMI 1635

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..... earned Assessing Officer (AO) without any basis. 2. The learned CIT(A) and the learned AO erred in comparing the gross receipts as per TDS certificates with sales income as per profit and loss account. The learned CIT(A) and AO ought to have compared the gross receipts as per TDS certificates with the aggregate of the gross receipts as per profit and loss account and the amounts received on account of reimbursements on which taxes were withheld which formed part of the balance sheet. 3. The learned CIT(A) and the learned AO have erred in treating the difference between the receipts as per TDS certificates and the receipts as per profit and loss account as the income of the appellant. 4. The learned CIT(A) erred in concluding that the .....

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..... thereon. It was claimed that since it was purely reimbursement of expenditure, the assessee need not consider the same as receipts. According to the assessee, even though no TDS was warranted the payers have deducted tax at source. The assessee was asked to furnish necessary documentary evidence of reimbursement of expenditure by way of confirmation from the deductors. The assessee instead of producing confirmations or any other documentary evidence merely produced its own ledger. In the absence of confirmation by the parties involved, AO unable to accept assessee's claim. When it was proposed to add back the difference amount by AO, the assessee made an alternate claim that in the adjusted computation of income it had shown an income of Rs .....

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..... Communication. In absence of confirmation and reimbursement by the Telecom Operators and also in the bank account of the assessee, this could not prove that this amount was actually reimbursed. Finally, CIT(A) did not accept the contention of assessee and dismissed the appeal filed by him. Against this, the assessee filed an appeal before us. 4. We have heard the rival contentions and perused the material available on record. The primary objection of the assessee is that assessee filed the revised computation of income before the AO showing the additional income of Rs. 10,94,57,013, against which, expenditure was claimed at Rs. 10,72,50,920/-. Thus, offered additional income of Rs. 22,06,093/- and it has to consider the revised statement .....

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