DCIT, New Delhi V. M/s. Juneja Project Services Pvt. Ltd., New Delhi

ITA 2706/DEL/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5014 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 15-06-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 02-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JYOTI NARULA

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D : NEW DELHI BEFORE, SHRI H. S. SIDHU JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 2706/ DEL/2014 (ASSESSMENT YEAR: 200 9 - 10 ) DCIT CIRCLE 4 (1) NEW DELHI JUNEJA PROJECTS SERVICE P LTD. 23 , DSIDC, SCHEME II PHASE II OKHLA INDUSTRIAL ESTATE NEW DELHI AABCJ3154G (APPELLANT) (RESPONDENT) ASSESSEE BY : MS JYOTI NARULA CA REVENUE BY: SHRI ARUNKUMAR YADAV SENIOR DEPARTMENTAL REPRESENTATIVE DATE OF HEARING 21/06/2014 DATE OF PRONOUNCEMENT 2 5 / 0 8 / 2 0 1 7 4 O R D E R PER PRASHANT MAHARISHI, A. M. 1. THE REVENUE AGAINST THE ORDER OF THE LD. CIT A - VIII FILES THIS APPEAL; NEW DELHI DATED 21 TO 2014 WHEREIN HE HAS DELETED ADDITION OF RS. 45860833/ - MADE BY THE LD. ASSESSING OFFICER BEING THE DIFFERE NCE OF RECEIPTS AS PER THE T D S CERTIFICATES AND TURNOVER AS PER THE PROFIT AND LOSS ACCOUNT. 2. ASSESSEE IS A COMPANY ENGAGED IN THE BUSINESS OF INTERIOR TURNKEY PROJECT MANAGEMENT AND FILED ITS RETURN OF INCOME ON 30/9/2009 WHICH WAS SUBSEQUENTLY REVISED O N 08/11/2010 AT AN INCOME OF RS. 49707571/ - . DURING THE COURSE OF ASSESSMENT PROCEEDINGS IT WAS OBSERVED BY THE LD. ASSESSING OFFICER THAT THE TOTAL TURNOVER SHOWN BY THE ASSESSEE IS RS. 223266543/ WHERE AS THE TDS CERTIFICATES WHICH WERE SUBMITTED FOR CREDIT OF TAX SHOWS TOTAL RECEIPT OF RS. 269127376/ . THEREFORE, THERE IS A DIFFERENCE OF RS. 45860833/ - BETWEEN THE GROSS RECEIPT DISCLOSED IN THE ANNUAL ACCOUNTS WITH GROSS RECEIPTS AS PER TAX DEDUCTION AT SOURCE CERTIFICATES. THE LD. ASSESSING OFFICE R ENQUIRED ABOUT THE DETAILS OF THE DIFFERENCE. IN RESPONSE TO THIS ASSESSEE SUBMITTED A RECONCILIATION OF TURNOVER WITH TDS CERTIFICATES. HOWEVER, THE LD. ASSESSING OFFICER REJECTED THE CLAIM OF THE ASSESSEE AND MADE THE ADDITION OF RS. 45860833/ - IN ASSE SSMENT ORDER PASSED UNDER SECTION 143 (3) OF THE INCOME TAX ACT ON 26/12/2011 DETERMINING THE TOTAL INCOME OF THE ASSESSEE AT RS. 9 556 8404/ . 3. THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. CIT A, WHO HELD AS UNDER : - IN VIEW OF THE OBSERVATION MADE IN PARA ABOVE, THE APPELLANT GETS RELIEF OF RS. 4 586083. 3 AND SINCE RS. 1 381 5486 / WAS ADDED IN THE PREVIOUS ASSESSMENT YEAR AND THE CORRESPONDING INCOME BOOKED IN SUBSEQUENT ASSESSMENT YEAR IN ACCORDANCE WITH THE PROV ISIONS OF THE INCOME TAX ACT, 1961. THEREFORE ADDITION AGAIN BY AO OF RS. 1 381 5486/ AMOUNTS TO DOUBLE ADDITION AT THE SAME TIME, THE TAX CREDIT OF RS. 6 146 TO 28 CLAIMED BY THE APPELLANT ON ACCOUNT OF TDS CERTIFICATES FURNISHED BY IT WILL GET REDUCED BY RS. 1 87332/ . THEREFORE, NOW REVENUE IS IN APPEAL BEFORE US. 4. THE LD DR VEHEMENTLY STATED THAT WHEN IN THE TDS CERTIFICATES DIFFERENT RECEIPTS ARE SHOWN WHEN COMPARED WITH THE BOOKS THE ADDITION MADE BY THE LD AO IN REQUIRED TO BE SUSTAINED. 5. THE L D AR REITERATED THE FACTS STATED BEFORE THE LD. ASSESSING OFFICER AS WELL AS BEFORE LD. CIT A. 6. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS. ACCORDING TO THE LD. AO, THERE IS DIFFERENCE IN THE RECEIPT. ASSESSEE HAS PROPERLY RECONCILED THE SAME WIT H FACTS AND FIGURES. IT IS STATED THAT THE TOTAL TDS CERTIFICATES ISSUED BY DLF THAT WAS ADDED TO THE INCOME OF THE ASSESSEE COMPANY IN ASSESSMENT YEAR 2008 - 2009 WAS RS. 13815486/ - AND SUCH ADDITION WAS DELETED. ASSESSEE SUBMITTED A DETAILED SUMMARY OF TU RNOVER FOR THE YEAR AND THE VALUE - ADDED TAX ON WORKS CONTRACT TAX AND SERVICE TAX WHICH ARE NOT INCLUDED IN THE FIGURE OF TURNOVER SHOWN IN THE PROFIT AND LOSS ACCOUNT. IF THAT IS REMOVED, THE TURNOVER IS RECONCILED. MERELY IF THERE IS A DIFFERENCE IN TOT AL TURNOVER AS PER BOOKS OF ACCOUNTS AS WELL AS WITH THE TDS CERTIFICATES, NO ADDITION CAN BE MADE IN THE HANDS OF THE ASSESSEE, WHEN IT IS RECONCILED BY IT. IF THE AO DOUBTS THE RECONCILIATION THEN HE HAS TO MAKE FURTHER INQUIRY IN TO THE SAME AND IF THEN AO FINDS THAT THERE IS INCOME ELEMENT, WHICH IS REQUIRED TO BE TAXED HAS NOT BEEN SHOWN BY ASSESSEE, THEN ONLY THE ADDITION CAN BE MADE OTHERWISE NOT. I N VIEW OF THIS, WE FIND NO INFIRMITY IN THE ORDER OF THE LD CIT (A) IN DELETING THE ABOVE ADDITION. 7. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25/0 8 /2017 - SD/ - - SD/ - (H.S. SIDHU) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25/ 08 /2017 A K KEOT COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI