All About Outdoor Media.Com Pvt. Ltd., Gurgaon V. ACIT Circle - 2(1), New Delhi

ITA 446/DEL/2020

AI Insights

The case involves M/s. All About Outdoor Media.Com Pvt. Ltd., the appellant, contesting an order from the CIT(A)-22, New Delhi, which arose from an earlier order by the ACIT, Circle-2(1), Delhi. The dispute centered on a disallowance of Rs. 18,81,584, which was noted due to a difference between the gross receipts as per Form 26AS and the sales reported in the Profit & Loss Account for the assessment year 2016-17. The assessee acknowledged the discrepancy but attributed it to a higher amount reported by the client based on internal provisions. However, no evidence was provided to support this claim, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113622 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-07-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 23-01-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: TDS
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘A’ : NEW DELHI) BEFORE SH. M. BALAGANESH , ACCOUNTANT MEMBER AND SH.ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 446/Del/2020, A.Y. 2016-17 M/s. All About Outdoor Media.Com Pvt. Ltd. Building No. 10C, Ground Floor, DLF DLF CYBER City Phase-2, Gurgaon PAN : AAFCA8409H Vs. ACIT, Circle-2(1), New Delhi Appellant Respondent Appellant by None Respondent by Sh. Kanv Bali, Sr. DR Date of hearing: 24.07.2023 Date of Pronouncement: 31 st .07.2023 ORDER Per Anubhav Sharma, JM : The appeal has been preferred by the Assessee against the order dated 26.11.2019 of CIT(A)-22, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal no. 185/19-20/CIT(A)-22, New Delhi arising out of an appeal before it against the order dated 19.12.2018 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ACIT, Circle-2(1), Delhi (hereinafter referred as the Ld. AO). 2. Heard and perused the record. 3. When the case was called for hearing none has appeared for the assessee. The notice issued earlier were received back unserved with reports of ‘assessee 2 ITA no. 446/Del/2020 All About Outdoor Media.Com 2 has left address’ and the department has filed a report of service of the notices. On hearing the Ld. DR, he has supported the findings of Ld. Tax authorities below. 4. It can be appreciated from the matter on record that the ground arises out of the fact of disallowance of Rs. 18,81,584/- as per 26AS for the difference between gross receipts as per 26AS and the sales in the P & L Account. The assessee had accepted the difference and has taken a plea that the client had reported higher amount on the basis of their internal provisions. The matter on record show that no material whatsoever in the form of evidence was filed by the assessee in support of the submission which was completely factual and required reconciliation and confirmation from the client. There is substance in the findings of Ld. AO that when assessee company is not recognizing corresponding income then it should not have claimed the credits for TDS in its return of income. 5. In the light of aforesaid discussion, the findings of Ld. Tax Authorities below require no interference. The grounds raised have no substance. The appeal of assessee is dismissed. Order pronounced in the open court on 31 st July, 2023. Sd/- Sd/- (M.BALAGANESH) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:-31 st .07.2023 *Binita, SR.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI