Case Law Details
Sandhya Agarwal Vs ACIT (ITAT Kolkata)
In the case of Sandhya Agarwal Vs ACIT, the Income Tax Appellate Tribunal (ITAT), Kolkata, dealt with an issue regarding a mismatch in the contract receipts reflected in Form 26AS and the income reported in the assessee’s Income Tax Return (ITR). The Tribunal directed a re-adjudication of the case.
The assessee, Sandhya Agarwal, had disclosed a certain amount as contract receipt in her ITR, which did not tally with the amount reflected in Form 26AS. The Assessing Officer (AO) treated the difference as undisclosed contract receipt, leading to the appeal in the ITAT. The assessee claimed that the discrepancy was due to a reversal of contract receipt by a party, Birla Corporation Ltd, which was not updated in Form 26AS due to the non-revision of their TDS return.
To validate this claim, the assessee presented additional evidence, including a confirmation from Birla Corporation Ltd and the relevant ledger from their books of account. The ITAT, considering the evidence and ITAT Rules, remitted the matter back to the AO for verification, leading to a significant turn in the case.
FULL TEXT OF THE ORDER OF ITAT KOLKATA
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