9911796707
TMI Blog2024 (12) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... ee in favour of M/s. Mobivil Technologies India Pvt. Ltd. for the period from 01.04.2017 to 31.03.2018. In all the months, it is noted that the assessee raised bill under the head office rent and also raised tax invoice for the period from July, 2017 to March, 2018, clearly shows CGST SGST at 9% each was calculated and paid for the monthly rent received by the assessee. Therefore, we find force in the argument of the AR that the AO fell in error in ignoring the receipt of rent as reflected in Form 26AS and TDS deducted thereon. Therefore, in our opinion, the addition made by the AO and confirmed by the ld. CIT(A) is not justified. Thus, the addition made on the amount of difference between the actual rent received and agreed rent as per agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer on account of rental receipts in the facts and circumstances of the case. 6. Brief facts relating to the case are that the assessee is an HUF and derives income from house property. The Assessing Officer found that the assessee earned income from house property and sought details from the assessee. The assessee filed information/agreement and on examination of the same, the Assessing Officer found discrepancies with regard to BJN Hotel Ltd. and M/s. Mobivil Technologies India Pvt. Ltd. The Assessing Officer, accordingly, added an amount of ₹. 3,82,269/- on account of BJN Hotel Ltd. and ₹. 41,250/- on account of Mobivil India Pvt. Ltd. The ld. CIT(A) confirmed the same. 7. Before us, the ld. AR Shri P.M. Kathir, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, the Assessing Officer added the difference of rent reflected in the agreement and actual rent received. There is no dispute with regard to the actual rent received by the assessee at ₹. 3,39,468/-. And there is no dispute with regard to offering the said difference in subsequent AYs 2019-20 and 2020-21. On perusal of page 81, being Form 26AS for AY 2019-20, which clearly shows the difference of amount as added by the Assessing Officer is stated to be paid in AY 2019-20. Further, on perusal of page 89 of the paper book, which clearly shows the total amount paid to the account of the assessee at ₹. 10,80,000/- as against ₹. 8,85,566/-. Therefore, in our opinion the assessee received the said arrears of rent for the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On perusal of page 52 to 63 of the paper book, we note that the rent bill issued by the assessee in favour of M/s. Mobivil Technologies India Pvt. Ltd. for the period from 01.04.2017 to 31.03.2018. In all the months, it is noted that the assessee raised bill under the head office rent and also raised tax invoice for the period from July, 2017 to March, 2018, clearly shows CGST SGST at 9% each was calculated and paid for the monthly rent received by the assessee. Therefore, we find force in the argument of the ld. AR that the Assessing Officer fell in error in ignoring the receipt of rent as reflected in Form 26AS and TDS deducted thereon. Therefore, in our opinion, the addition made by the Assessing Officer and confirmed by the ld. CIT(A) i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
