DCIT v. G.E. Capital Business Process Management Services Pvt. Ltd. (2017) 51 CCH 158(2018) 63 ITR 337 (Delhi)(Trib.)

S. 198 : Deduction at source-Tax deducted is income received–Mismatch of receipts- Balance sheet item-Service tax wrongly treated as TDS by AO cannot be considered as income. [Form 26AS]

Dismissing the appeal of the revenue the Tribunal held that the mismatch in receipts cannot be held as undisclosed receipts as they were balance sheet items. Further, it also noted that the assessee had submitted reconciliation statement between the service tax return and Form 26AS and there was no underreporting of income. (ITA No. 6836/Del./2014 dt. 5-10-2017) (AY. 2010-11)