M/S. RASHA IND. PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 4(2), KOLKATA

The ld. Counsel for the assessee submitted that, the AO passed a best-judgment assessment order by rejecting the books of accounts and in that process had considered the turnover, based on the claims made by the assessee for credit of tax deducted at source. He submitted that turnover pertaining to some of the claims of credit of TDS have been accounted for by the assessee in the earlier assessment year and that the order of the AO bringing to tax income on such turn over which was already disclosed and taxed in the earlier assessment year, resulted in double addition. He submitted a paper book in support of his contentions and requested that the matter be set aside to the file of the AO for fresh verification and adjudication in accordance with law and specifically for verifying this claim of the assessee of double addition.

The ld. DR submitted that the assessee had not produced his books of account before the lower authorities and that the issue may be restored to the file of the AO for Assessment Year: 2015-16 M/s. Rasha Ind. Pvt. Ltd. verifying the claim of the assessee and submitted that at the same time a specific direction be given to the assessee to produce not only the books of the current year before the AO but also the books of the previous years in which the turnover in question relatable to the TDS credit claim in this year has been accounted for.

The ld. Counsel for the assessee undertook to produce the books of accounts for all the years as may be directed by the AO to enable such verification.

In view of the above, we restore the issue to the file of the AO for fresh adjudication in accordance with law.

In the result, the appeal of the assessee is allowed for statistical purposes. Kolkata, the 19th February, 2020.