9911796707
TMI Blog2022 (3) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... following grounds of appeal: "1. On the facts and the circumstances of the law, the Ld. CIT(A) has grossly erred in sustaining the addition. 2. In the circumstances and on facts, the Ld. CIT(A) has grossly erred both in law and on merit in not deciding the real issue behind addition made by the Ld. A.O. 3. Without prejudice to above grounds:- The Ld. CIT grossly erred in sustaining addition of whole amount of turnover rather than component in it." 2. Briefly, the facts of the case are that the assessee, who is proprietor of M/s. Vijay Good Carrier, has filed his return of income declaring taxable income of Rs. 7,05,630/-, which was selected for scrutiny through CASS to verify whether contract receipts/fees have been correctly offered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er: "Findings:- I have examined the facts of the case, the remand report of the Assessing Officer (A.O.) dated 12.03.2020. In this case an addition of Rs. 43,26,755/- was made due to the difference between gross contract receipts of Rs. 1,24,26,755/- as per Form 26AS and Rs. 80,99,254/- being the figure shown as gross contract receipts as per the ITR, The A.O. has in para 6 of his remand report/clearly stated that the assessee has not filed any documentary evidence to reconcile the difference in entries. Even in the counter-comments to the remand report filed, the appellant has first tried to evade the issue by saying that the difference was not in his control due to them being added by the third party in the 26 AS Form. In my opini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact, there are no differences in the contract receipts which have been offered in the return of income as contractually accrued to him and receipts as per Form 26AS which the assessee can demonstrate through his books of accounts and supporting documentation once an opportunity is provided to the assessee. Therefore, taking into consideration the undertaking so given by the Ld. AR and with the understanding that the assessee shall cooperate and shall not abuse the opportunity so provided, the matter is set aside to the file of the AO to verify the differences after providing reasonable opportunity of hearing to the assessee. The assessee is also directed to cooperate in the timely completion of the proceedings, as so directed by the AO. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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