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TMI Blog2023 (6) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... CS. In that case, it comes to Rs. 1,12,10,164/-. This amount tallies with the invoice amount of Rs. 1,12,10,160/-. The difference of Rs. 2 lakhs, observed by the learned CIT(A), was due to the non-consideration of the contention of the assessee by CIT(A) that there are other expenses like godown rent, charges on late payment etc., to the tune of Rs. 1,95,235/-; and when that amount is considered, absolutely there is no difference and highly probablises the case of the assessee. No discrepancy in the case of the assessee. The addition is not warranted - Appeal of assessee is allowed. - ITA No. 270/Hyd/2023 - - - Dated:- 22-6-2023 - Shri K. Narasimha Chary, Judicial Member For the Assessee : Smt. S. Sandhya for Shri M.V. Anil K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 1,95,235/-, whereas the CGST at 9% was Rs. 8,69,903/- and SGST at 9% was Rs. 8,69,903/-. Assessee, therefore, submitted that the learned Assessing Officer failed to notice the fact that the amount on which TCS was collected is different from the total invoice amount and because no opportunity was afforded to the assessee, the assessee could not explain the same to the satisfaction of the learned Assessing Officer. 4. Learned CIT(A), however, brushed aside this contention of the assessee on the ground that even if the contention of the assessee is accepted, the purchase amount from Chattisgarh Rajy Laghu Vanopaj Sahakari Union Maryadit of Rs. 1,20,53,205/- including the CGST/SGST whereas the assessee has disclosed only Rs. 96,67,593/-, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is straightaway added by the learned Assessing Officer to the income of the assessee under section 69C of the Act. 7. Learned CIT(A), however, considered the contention of the assessee that the invoice includes the CGST and SGST at 9% each. By calculating the same, the learned CIT(A) reached a figure of Rs. 17,39,811/-, which he included it to the cost price as per the profit and loss account and observed that this amount is Rs. 2 lakhs more than the invoice amount and, therefore, the contention of the assessee cannot be accepted. 8. On a calculation of the CGST and SGST at 9% each on the net purchase amount as pleaded by the assessee at Rs. 94,70,358/-, I find that cumulative GST comes to Rs. 17,39,806/- and this amount has to be ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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