Sri Balaji Promoters, Bangalore Vs Income Tax Officer, Ward- 7(2)(4), Bangalore

IN THE INCOME TAX APPELLATE TRIBUNAL
BANGALORE BENCHES “C”, BANGALORE

Before Shri George George K, JM & Shri B.R.Baskaran, AM
ITA No.122/Bang/2020 : Asst.Year 2016-2017

Sri.Balaji Promoters
No.216, 1st Floor, 3rd Main
Jayanagar VI Block
Bangalore – 560 082
PAN : ACRFS9100L
(Appellant) 

vs.

The Income Tax Officer
Ward 7(2)(4)
Bangalore.
(Respondent)

Appellant by : Sri.Prashanth.G.S., CA
Respondent by : Smt.R.Premi, JCIT-DR
Date of Hearing : 15.12.2020
Date of
Pronouncement : 15.12.2020

O R D E R

Per B.R.Baskaran, AM :

The assessee has filed this appeal challenging the order dated22.11.2019 passed by Ld CIT(A)-7, Bengaluru and it relates to the assessment year 2016-17. The assessee is aggrieved by the decision of Ld CIT(A) in confirming the addition of Rs.1,56,35,302/-, being the difference in the income disclosed in the books of account and Form 26AS.

2. The assessee is a partnership firm. It is engaged in the business of providing market support services to a company named M/s Bacardi India P Ltd.

3. During the scrutiny proceedings, the AO noticed from Form 26AS that the assessee has received a sum of Rs.1,82,82,161/- as Commission and Contract receipts. However, it was seen that the assessee has disclosed asum of RS.23,37,309/- in its return of income as Commission income. The assessee explained that the Commission amount received wasRs.26,62,513/-, which included Service tax component of Rs.3,25,204/-.Accordingly net commission income of Rs.23,37,309/- was disclosed in the return of income. The AO accepted this explanation.

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