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TMI Blog2023 (3) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... n such reconciliation while sustaining the addition - we deem it proper to restore the issue to the file of the AO with a direction to give one more opportunity to the assessee to substantiate his case - Assessee 1st ground allowed for statistical purposes. Unexplained cash deposit - HELD THAT:- As we find from the Paper Book filed by the assessee that although the assessee has not filed any details before the Assessing Officer, however, the assessee has filed the invoice wise details on which cash was received - It is also an admitted fact that the number of invoices shows that the assessee has raised the invoices on which cash was received which was deposited in the Bank - The turnover of the assessee has not been disputed by the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeared before the Assessing Officer and filed the requisite details from time to time. 4. During the course of assessment proceedings, the Assessing Officer noted from Form 26AS that the following credits are appearing against the name of the assessee company: 1. 194C Rs. 83,87,296 2. 194H Rs. 31,25,400 3. 194J Rs.5,47,85,867 4. 194I Rs. 38,640 Total Rs.6,63,37,203 ============= 5. He noted that barring receipts u/s 194I, the receipts from services is Rs.6,62,98,563/-. However, the assessee has credited receipts of Rs.4,75,27,140/- from services in the return of income. He, therefore, asked the assessee to reconcile the difference of Rs.1,87,71,423/-. It was submitted that the difference arose due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gross receipts received under service is Rs.3,28,325/- and the discount as per the ledger furnished by the assessee is Rs.28,73,354/-. Similarly, in respect of Wipro Ltd, as per the ledger submitted by the assessee, the discount is Rs.54,62,702/- whereas M/s. Wipro Ltd has confirmed only an amount of Rs.5,31,614/-. In view of the above, the Assessing Officer held that the assessee could not reconcile the difference and accordingly made addition of Rs.1,87,71,423/- being the difference of the turnover as per Form 26AS and turnover admitted in the return of income. 7. The Assessing Officer similarly noted that the assessee has made cash deposits in the Banks to the tune of Rs.7,74,790/. On being asked by the Assessing Officer to explain th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.5,98,70,068/- and no other explanation were offered in addition to which the same explanation offered before the Assessing Officer. Therefore, the addition made by the Assessing Officer to the extent of Rs.1,23,42,928/- confirmed. 8.1 So far as the addition of Rs.7,74,970/- towards cash deposit is concerned, he also sustained the addition made by the Assessing Officer by observing as under: 5.2. I have carefully considered the facts of the case, assessment order and the submissions of the appellant. With regard to the unexplained deposits of Rs.7,74,970/-, the appellant except stating that they were the internal branches cash sales and was deposited in the bank but failed to submit to reconcile this. Therefore, the addition m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and an amount of Rs.2,02,950/- was deposited on 27.2.2013 out of cash sales. 10.2 Referring to pages 42 to 44 of the Paper Book, the learned Counsel for the assessee drew the attention of the Bench to the cash received from different parties running to 69 in numbers from whom the cash was received which was deposited in the Bank A/c. She accordingly submitted that the addition made by the Assessing Officer and sustained by the learned CIT (A) should be deleted. 11. The learned DR, on the other hand, heavily relied on the order of the Assessing Officer and the CIT (A). He submitted that the assessee could not reconcile the difference between P L A/c and 26AS for which the addition was made of Rs.1,23,42,928/-. Similarly due to non-sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed CIT (A) reconciling the difference. However, we find the learned CIT (A) has not given any finding on such reconciliation while sustaining the addition. Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Assessing Officer with a direction to give one more opportunity to the assessee to substantiate his case by reconciling the difference between the P L A/c and Form 26AS and decide the issue as per fact and law. We hold and direct accordingly. Thus, the first issue raised by the assessee in the grounds of appeal is allowed for statistical purposes. 13. So far as the addition of Rs.7,74,970/- on account of non reconciliation of cash deposit is conce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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