SUBHASH AUTOMOBILES,GREATER NOIDA vs. ITO, WARD-3(4), NOIDA

ORDER The Assessee has filed the instant Appeal against the Order of the Ld. NFAC, New Delhi dated 10.10.2023, relating to assessment year 2012-13 on the following grounds:-

1. The ld. CIT(A) has erred on facts and in law in upholding the impugned order of the ld. AO issued u/s. 154, which is contrary to law, equity and justice and facts and material on record.

2. The Ld. CIT(A) has erred in law and on facts in upholding the addition of Rs. 10,36,741/- made by the AO, without appreciating that the PAN in question was erroneously allotted to another assessee, namely,

Shiv Sai Automobiles. As a result, the receipts reflected in 26AS pertain to the said other assessee and not the appellant. 3. The appellant prays for leave to amend, modify, or introduce any additional grounds of appeal at any time before the final date of hearing before the ITAT.

4. The order passed by the CIT(A), NFAC alongwith the order of the AO u/s. 154 may kindly be declared null and void ab initio. Alternatively, any such other order as may be deemed fit by your honours in the facts and circumstances of the case may kindly be passed.

2. Brief facts of the case are that the assessee filed its return on 25.9.2012 declaring total income of Rs. 3,11,200/-. The source of income of the assessee is business from trading in diesel, petrol, lubricants etc. The case was selected for scrutiny under CASS. Assessment u/s. 143(3) on 16.1.2015 at the total income of Rs. 3,61,200/-. Later on, order u/s. 154 was passed in this case on 11.3.2019 making further addition of Rs. 10,36,741/-. So, the total income u/s. 154 / 143(3) was determined at Rs. 13,97,940/-. The reason for rectifying the order was that the assesee had claimed TDS of Rs. 20,736/- but it did not offer the corresponding receipt / income of Rs. 10,36,741/-. Order u/s. 154 was passed after issue of notice u/s. 154 and considering the relevant reply of the assessee. The AO has concluded the issue by writing as under in para 2 of the order:- “I have examined the reply of the assessee, which is not tenable. In the reply assessee has accepted that assesssee has claimed the TDS and not disclosed the receipts of Rs. 10,36,741/- in the profit and loss account. Further, assessee has tried to take a shelter of mis-match of TDS details. In this regard, it is pertinent to mention here that if the TDS and receipts does not pertain to assessee, the assessee should write the tax deductor in 2 | P a g e