9911796707
TMI Blog2024 (6) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... d the deductions as shown in the reconciliation statement were being made - HELD THAT:- CIT(A) has examined the chart containing the ESI/ID No. and PF/ID No. was submitted along with addresses of the employees as per the appellant s records. CIT(A) held that the appellant made the payments to the outstation temporary workers, by cheque and not by cash as presumed by the Assessing officer. The ld. CIT(A) held that the details of cheque issued to the temporary workers for salary payment were furnished from the bank statement and tallied with list of names of temporary workers on the basis of which disallowance of salary payment was done by Assessing officer. Since, all the details have been categorically examined by the ld. CIT(A) and also available in the paper book filed before us - As no contrary evidences were brought before us, we find no reason to interfere with the order of the ld. CIT(A) as the salary payments tallied with the list of the names of the temporary workers from the bank statement. Disallowance u/s 14A - HELD THAT:- Both the parties fairly submitted that no exempt income earned by the assessee. Hence, keeping in view the decision of Cheminvest Limited [ 2015 (9) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Satyapal 58,59,255 2,22,19,493 2,22,19,497 Reconciled 3. Punjab National Bank 194A 21,29,940 21,31,066 Reconciled Total-C 21,31,066 21,31,066 Reconciled 4. Honey Builders Ltd. 193 2,12,806 5. TDI Realcon Pvt. Ltd. 193 54,519 6. Orris Infrastructure Pvt. 193 1,05,974 7. Transcon Developers Pvt. Ltd. 193 1,63,053 Total-D 5,36,352 5,36,352 Reconciled 8. Reliance Infrateel Ltd. 194IB Total-D - 2,55,571 2,55,571 This TDS is wrongly deducted by Reliance in the PAN of the assessee Total- A+B+C+D+E 22,13,97,712 24,58,21,050 The analysis of above mentioned data at serial no. 2, produced by the assessee during the assessment proceedings, with regard to M/s Dharampal Satyapal Ltd., postulates that receipts of Rs. 1,83,08,508/- were accounted for in the total receipts of assessment year 2013-14 relevant to financial year 2012-13. As per inputs, available on record, the TDS of the instant amount was claimed in assessment year 2014-15 relevant to financial year 2013-14. The AR of the assessee contended that instant receipts shown in form 26AS in assessment year 2014-15 have been brought to tax in preceding assessment year viz. 2013-14. Examination of form 26AS in term of assessment year 2013-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduced above were again confronted to M/s DSL Ltd. (Dharampal SatyapaJ Ltd.) and in-compliance M/s DSL Ltd. through e-mail, furnished the details of amount credited in the account of the assessee company which is reproduced as under: Name of the assessee Amount Credited A.Y 2014-15 TDS Made/claimed Amount credited A.Y 2013-14 TDS Made M/s Delta foods (P) Ltd. 4,63,87,260 23,22,853 2,16702,712 2,49,325 Receipts shown in the ITR by the assessee 2,22,19,493 2,32,28,537 2,16,02,712 2,49,325 We have examined the rival submission carefully and details available on record which categorically demonstrate that assessee company has not accounted for receipts amounting to Rs. 1,83,05,853/- in his books of accounts deliberately. Despite providing numerous opportunities, assessee failed to reconcile the receipts and unsuccessfully continued to beat around the bush. The assessee has also claimed the TDS made at the credit amount of Rs. 1,83,05,853/- in his rerun of income, tiled for the year under reference. The assessment proceedings cannot be extended further, in view of repeated blurred response of the assessee. In the light of above facts findings, Rs. 1,83,05,853/- which remained unexplaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iation has been brought before both the parties during the hearing. No contrary findings could be brought to our notice. 8. Since, the decision of the ld. CIT(A) is rightly based on the reconciliation of the amounts, we decline to interfere with the order of the ld. CIT(A). Ground No. 2 Disallowance on account of salary/wages Rs. 58,64,646: 9. The AO made disallowance on account of salary wages holding that they were in much difference to the earlier years period. 10. From the details of salaries / wages paid to the employees and the audited accounts, the comparative table below would go to show that the salary / wages paid to workers and the employer contribution towards EPF and ESI had all reduced in the relevant year, contrary to the observation of the AO in the impugned order. Particulars AY 2014-15 AY 2013-14 Salary / Wages paid to workers (excluding Director s remuneration) Rs. 30,78,899/- Rs. 36,99,802/ - Employees contribution towards EPF Rs. 3,88,806/- Rs. 4,52,246/ - Employees contribution towards ESI Rs. 3,47,977/- Rs. 3,87,102/- 11. In support of salary / wages account, appellant company had in the assessment proceedings filed the following details: (i) Salary summary f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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