9911796707
TMI Blog2021 (8) TMI 1099X X X X Extracts X X X X X X X X Extracts X X X X ..... ade by the customer in the Form No. 26AS of this year. Interchangeability of receipts from Reliance Communication Ltd and Reliance Communication Infrastructure Ltd pertaining to the same group. The ld CIT (A) examined the reconciliation of both the companies individually with Form No. 26AS and no difference were found.The failure of the ld AO to consider the income shown under the other segment of the assessee already shown as income in the profit and loss account and merely comparing with one of the segment of the income. The above reasons are verified by the ld CIT (A) to the extent of each rupee and have given detailed analysis with respect to each of the parties. The ld DR could not show us any infirmity in the order of the ld CIT(A) in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NT MAHARISHI, A. M. 1. This appeal is filed by the ld ACIT, Circle-19(1), New Delhi (ld AO) against the order of the ld Commissioner of Income Tax (Appeals)-7, New Delhi (ld CIT(A) dated 19.02.2018 for Assessment Year 2013-14. 2. The ld AO has raised the solitary ground of appeal that the ld CIT (A) has deleted the addition of ₹ 7,41,78,940/- u/s 68 of the Act. 3. The addition has been made by the ld AO on account of difference in total revenue shown as per the books of account of the assessee and income shown in Form No. 26AS for that year. 4. The brief facts of the case shown that the assessee is a company engaged in the business of providing telecom services. It filed its return of income on 29.09.2013 showing total income of & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leakage. The assessee submitted that the addition made by the LD AO deserved to be deleted. The ld CIT (A) carefully considered the explanation of the assessee which is produced at page No. 4 starting from page No. 4 to page No. 16 of his order which shows that that each and every receipt shown in tax credit statement in Form No. 26AS and income recognized in profit and loss Account are matched and therefore, he deleted the addition. The ld AO is aggrieved with that order and is in appeal before us. 6. The ld DR relied upon the order of the ld AO whereas the ld AR relied upon the order of the ld CIT (A). 7. We have carefully considered the rival contentions and perused the orders of the lower authorities. On the basis of the contents of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment of income shown in the profit and loss account of the assessee. Before making such huge addition on such ground, the ld AO should have first understood the concept of income shown in the form No. 26AS and accounting treatment given by the assessee to various components of the bills raised. Naturally, the service tax is not the income of the assessee and therefore, it cannot be income to be shown in the profit and loss account of the assessee. Therefore, there is bound to be a difference to that extent. Further, there can be overflow of income of one preceding previous year in the current year in form 26AS. However, there cannot be overflow of income pertaining to the preceding previous year in the current previous year in the books of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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