Credit of TDS on excess amount reflected in Form 26AS

Last updated: 17 August 2021

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This Income Tax Appellate Tribunal case concerns an addition made due to a difference between income reported in Form 26AS and the profit and loss account. The assessee explained that part of this difference related to service tax, which the Assessing Officer accepted. Consequently, the appeal was partly allowed.

Court :
ITAT Mumbai

Brief :
This appeal by the assessee is directed against order of Ld. CIT(A) dated 12/09/2017 and pertains to Assessment Year 2014-15.

Citation :
ITA No.790/Mum/2018

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘G‘ BENCH MUMBAI
BEFORE: SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER
&
SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.790/Mum/2018 (Assessment Year :2014-15)

M/s. S.M. Aker Management Services Private Limited 1105, O2 Business Corporate Plaza 11th Floor, A Wing, Minerva Industrial Estate Mulund (W), Mumbai – 400080

PAN/GIR No. AAMCS8388Q

(Appellant)

M/s. ITO-15(3)-4 Aayakar Bhavan Mumbai

(Respondent)

Assessee by
None
Revenue by
Shri. T.S. Khalsa
Date of Hearing
28/07/2021
Date of Pronouncement
28/07/2021

O R D E R

This appeal by the assessee is directed against order of Ld. CIT(A) dated 12/09/2017 and pertains to Assessment Year 2014-15.

2. The brief facts on this issue are that impugned addition was made by the ld.Assessing Officer on the ground that there was difference between income shown as per Form 26AS and income shown as per profit and loss account.

3.We have heard the ld. DR and perused the record. None appeared on behalf of assessee despite notice. We note that assessee has duly explained to the ld. Assessing Officer that the reason of impugned difference was partly relating to service tax which has been accepted by the ld. Assessing Officer.

4.In the result, appeal of the assessee stands partly allowed. Order pronounced on 28/07/2021 by way of proper mentioning in the notice board.

Please find attached the enclosed file for the full judgement

FAQ :

The main issue was an addition made by the Assessing Officer because the income reported in Form 26AS differed from the income shown in the profit and loss account.

No, the assessee did not appear for the hearing, despite being served with a notice.

The assessee explained that the difference was partly due to service tax, which the Assessing Officer accepted.

The appeal filed by the assessee was partly allowed.

This judgement relates to the assessment year 2014-15.

Attached File : 1442821_4204_1627470786_ita_no_790_2018_s_m_aker_management_services_pvt_ltd_.pdf

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Judgement posted by

Poojitha Raam Vinay

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I simplify complex income tax, TDS, banking, and investment updates into practical insights for taxpayers, salaried professionals, pensioners, and senior citizens. I regularly write on ITR filing, tax compliance, savings schemes, and the latest financial rule changes in India.

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