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HIMANSHU SHARMA (EMPLOYEE)     20 May 2013

Method of accouting u/s 145

We follow receipt basis of accounting for interest on FDR instead of accural basis of accounting. This practice is followed consistently. In regular scrutiny the AO added the difference amount in total income(interest as per accrual basis less interest as per receipt basis)(reason stated in scrutiny asstt order being TDS fully claimed but interest partly paid on receipt basis). Need your support on following points: 1. We had paid tax on interest on receipt basis after two years, now if we pay tax as per order U/s 143, there would be double payment of tax on same income. Further the time limit for revision of all the above referred returns has lapsed since the assessment is done. Now what procedure do i have to follow to avoid double payment of tax. 2. Advice for ground of appeal to ITAT Appeal. 



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 May 2013

as per the working of profit based on inclusive method as well as exclusive method furnished by the assessee, there was no impact on the returned income. As per S.145A, assessee is required to follow inclusive method. However, as per guidelines issued by ICAI, assessee is required to follow exclusive method and the said approach has been approved by various Hon’ble High Courts.

ANIL KUMAR UPADHYAY (INCOME TAX INSPECTOR)     20 May 2013

It is provided in section 145(3) of the I T Act, that if you are not following the method of accounting as per section 145(1) of IT Act, regularly (either cash basis or mercantile basis), the assessing officer may make an assessment in the manner provided in section 144. Your income in question belongs to Income from other sources and as per your details as posted, if you are regularly following method of accounting as provided in section 145(1) of the Act, I think that the assessing officer erred in law. The mensrea in your case does not relate to non compliance of the provisions of section 145(1) of the Act. However detailed grounds of appeal may be prepared in the light of Instruction no. 1310 dated 26.02.1980 and circular no. 491 dated 30-06-1986. 


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